R (Cornwall Council) v Secretary of State for Health

Subject Matter

LOCAL GOVERNMENT — Community care services — Persons in need of care and attention — Duty of local authority to provide accommodation — Ordinary residence of individual with physical and learning disabilities — Local councils unable to decide who should have responsibility for individual upon him reaching 18 — Secretary of State determining individual’s ordinary residence to be area of claimant council — Whether Secretary of State erring — National Assistance Act 1948, ss 21, 32(3) — Children Act 1989, s 20

[2012] EWHC 3739 (Admin); [2013] LGR 197; 16 CCLR 83, QBD

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 adults 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 (as amended by Local Government Act 1972, s 195(6), Sch 23, para 2(1), Children Act 1989, s 108(5), Sch 13, para 11(1), National Health Service and Community Care Act 1990, s 42(1)(a) and Health and Social Care Act 2008, s 148(2)), ss 21(1)(a), 24(1), 32(3) — Children Act 1989 (as amended by Children (Leaving Care) Act 2000), s 2(4)), ss 20, 23C(4)(c)

[2014] EWCA Civ 12; [2014] 1 WLR 3408; [2014] 3 All ER 603; [2014] LGR 433; 17 CCLR 78; [2014] WLR (D) 80, CA

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) — Children Act 1989 (as amended by Children (Leaving Care) Act 2000 (c 35), s 2(4)), ss 20, 23C(4)(c)

[2015] UKSC 46; [2016] AC 137; [2015] 3 WLR 213; [2016] 1 All ER 962; 18 CCLR 497; [2015] WLR (D) 298; Case details, SC(E)

Appellate History

Commentary

New Law Journal
There's no place like home (2014) 164 NLJ 13

UK Supreme Court Blog
Case Comment: R (Cornwall Council) v Secretary of State for Health [2015] UKSC 46 [2015] Cas Com 31