| Display title | R (Cornwall Council) v SSH [2014] EWCA Civ 12 |
| Default sort key | R (Cornwall Council) v SSH (2014) EWCA Civ 12 |
| Page length (in bytes) | 2,184 |
| Page ID | 7640 |
| Page content language | en - English |
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| Page creator | Jonathan (talk | contribs) |
| Date of page creation | 20:38, 24 March 2014 |
| Latest editor | Jonathan (talk | contribs) |
| Date of latest edit | 11:55, 8 October 2021 |
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Description | Content |
Article description: (description)
This attribute controls the content of the description and og:description elements. | (1) In deciding the ordinary residence of an adult lacking capacity the Secretary of State had erred in applying 'test 1' from the Vale case (that a person who is so severely handicapped as to be totally dependent upon a parent or guardian in the same position as a small child and his ordinary residence is that of his parents or guardian because that is his base). (2) Instead, the words 'ordinary residence' should, unless the context indicates otherwise, be given their ordinary and natural meaning. (3) There is much to be said for the court adopting in the context of severely incapacitated adults a test of ordinary residence similar to the test of habitual residence adopted for dependent children in Re A (namely where he is integrated into a social and family environment). (3) On the facts, the person was ordinarily resident in South Gloucestershire (where he lived) rather than Cornwall (where his parents lived). |