The Weekly Law Reports
[2014] 1 WLR 3408
Court of Appeal
*Regina (Cornwall Council) v Secretary of State for Health
[2014] EWCA Civ 12
2014 Jan 21,
22;
Feb 18
Elias, Lewison, Floyd LJJ
Local government— Community care services— Provision of accommodation— Incapacitated person reaching age of 18 having been in care of local authority— Dispute as to which local authority responsible for providing him with accommodation as adult— Secretary of State making determination as to where incapacitated person “ordinarily resident”— Whether live issue as to adult’s residence— Whether incapacitated person to be accommodated by authority in area of which ordinarily resident or by authority formerly providing care— Extent of power to provide assistance to person formerly in care— Whether Secretary of State having power to make determination— Proper approach to determining where incapacitated adult “ordinarily resident”— Whether to be determined by reference to place where parents ordinarily resident—
National Assistance Act 1948 (11 & 12 Geo 6, c 29) (as amended by Local Government Act 1972 (c 70), s 195(6), Sch 23, para 2(1), Children Act 1989 (c 41), s 108(5), Sch 13, para 11(1), National Health Service and Community Care Act 1990 (c 19), s 42(1)(a) and Health and Social Care Act 2008 (c 14), s 148(2)), ss 21(1)(a), 24(1), 32(3)
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Children Act 1989 (as amended by Children (Leaving Care) Act 2000 (c 35)), s 2(4)), ss 20, 23C(4)(c)