header-logo header-logo

14 August 2015 / Mark Mullins
Issue: 7665 / Categories: Features , Public , Community care
printer mail-detail

A life less ordinary

nlj_7665_mullins

Mark Mullins reviews the approach taken by the Supreme Court to the definition of “ordinary residence” in the Cornwall case

The question the Supreme Court had to decide in R (ota) Cornwall Council) v Secretary of State for Health [2015] UKSC 46, [2015] All ER (D) 91 (Jul) was which of three local authorities were responsible for the long-term residential care of a mentally incapacitated young man, Philip. The three authorities were Cornwall, where his parents lived, but he had never lived, Wiltshire, which he had not visited for 13 years but which had funded his foster care from age five to 18, or South Gloucestershire, where he had been fostered and lived during those 13 years.

The secretary of state decided the responsible authority was Cornwall and on judicial review the judge agreed. The Court of Appeal found it was South Gloucestershire. The majority in the Supreme Court finally decided it was in fact Wiltshire.

The facts

Philip was born in December 1986 to parents living in Wiltshire. He has complex

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
back-to-top-scroll