The Weekly Law Reports
[2015] 3 WLR 213
Supreme Court
Regina (Cornwall Council) v Secretary of State for Health and another
[2015] UKSC 46
2015 March 18,
19;
July 8
Baroness Hale of Richmond DPSC, Lord Wilson, Lord Carnwath, Lord Hughes, Lord Toulson JJSC
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 an adult— Secretary of State making determination as to where incapacitated person “ordinarily resident”— Proper approach to determination— Principles applicable— Whether incapacitated person’s ordinary residence to be determined as being place of parents’ ordinary residence— Whether acquiring ordinary residence in area where placed by local authority for area where originally 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, Housing (Homeless Persons) Act 1977 (c 48), s 20(4), Sch, 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)