header-logo header-logo

11 July 2014 / Jennifer Kotilaine
Issue: 7614 / Categories: Features , Local government , Public , Community care
printer mail-detail

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

MOVERS & SHAKERS

Bellevue Law—Sara Mason

Bellevue Law—Sara Mason

Bellevue Law expands workplace law offering with specialist healthcare regulatory appointment

Seddons GSC—Peter Ames

Seddons GSC—Peter Ames

Seddons GSC strengthens Dispute Resolution team with partner hire

Taylor Rose—four promotions

Taylor Rose—four promotions

Taylor Rose announces partner promotions

NEWS
Group claims, disputed costs and judicial recruitment dominate the latest courtroom round-up
Landlords face fresh registration duties as procedural reforms reshape the civil courts
Sanctions can derail commercial disputes long before judgment, making early planning essential
Pressure is mounting for a dedicated UK AI law, but deciding what it should achieve remains the central challenge
Legal professional privilege has checked the SRA’s investigative powers, exposing difficult questions about tackling suspected abusive litigation
back-to-top-scroll