header-logo header-logo

13 November 2015 / Jennifer Kotilaine
Issue: 7676 / Categories: Features , Public
printer mail-detail

Swings & roundabouts

nlj_7676_kotilaine

The Supreme Court has tackled the definition of ordinary residence, reports Jennifer Kotilaine

R (Cornwall Council) v SSHD & Somerset County Council [2015] UKSC 46, [2015] All ER (D) 91 (Jul), deals with a young man, P, who was born in 1986 in Wiltshire. He has profound physical and learning disabilities and lacks capacity to decide where to live. P was accommodated in 1991 under s 20 of the Children Act 1989 (CA 1989). His foster placement was in South Gloucestershire where he remained until 2004. P’s parents moved from Wiltshire to Cornwall in 1991 and P would occasionally visit his parents there for brief periods during the holidays.

After turning 18, P moved out of his foster placement in South Gloucestershire and into a care home in Somerset where he is now accommodated under s 21 of the National Assistance Act 1948 (NAA 1948). There is no question that he will be accommodated for the rest of his life, such are his needs for care and attention that are not otherwise available to him.

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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll