11 July 2014 / Jennifer Kotilaine

Issue: 7614 / Categories: Features , Local government , Public , Community care

There’s no place like home

A recent Court of Appeal ruling on residence is a significant one for local authorities, as Jennifer Kotilaine explains

The case of R (Cornwall Council) v Secretary of State for Health & Ors v Wiltshire Council, South Gloucestershire Council, Somerset County Council [2014] EWCA Civ 12, [2014] All ER (D) 170 (Feb) concerns local authority duties in respect of severely incapacitated care leavers. In particular, it concerns the difference and relationship between the duty to assist in the Children Act 1989 (CA 1989), s 23C and the duty to accommodate in the National Assistance Act 1948 (NAA 1948), s 21.

It also clarifies the law relating to “ordinary residence” under s 24 of NAA 1948 where an individual lacks capacity to decide where to live, whether a care leaver or not.

Facts

P, born in Wiltshire on 27 December 1986, is a person with complex physical and severe learning disabilities. He does not speak and lacks capacity. In 1991, P was accommodated by Wiltshire Council at the request of

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

There’s no place like home

Issue: 7614 / Categories: Features , Local government , Public , Community care

A recent Court of Appeal ruling on residence is a significant one for local authorities, as Jennifer Kotilaine explains

It also clarifies the law relating to “ordinary residence” under s 24 of NAA 1948 where an individual lacks capacity to decide where to live, whether a care leaver or not.

Facts

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

SourceURL:

Links:

E-newsletter Sign-Up

MOVERS & SHAKERS

Read All

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS

Read All

NLJ this week: Property cases reshape established principles

A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land

NLJ this week: Stress ruling raises the bar for employers

Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee

NLJ this week: Can Manchesterism revive access to justice?

Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE

NLJ this week: Constitutional conventions tested as power changes hands

The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition

NLJ this week: Lawyers must become product designers

The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London

Error message

There’s no place like home

Facts

Facts

MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Laytons ETL—Alec Cameron

Muckle LLP—Roland Fairlamb