The Act seeks to provide clarity about which local authority has responsibility for a person’s care and support.
‘Ordinary residence’ plays a central role in deciding which individuals – whether adults with care and support needs or carers – are entitled to care and support from a local authority.
Whether the person is ‘ordinarily resident’ in the area of the local authority, or for carers, whether the person they care for is ordinarily resident, is a key test in determining whether the duty to meet eligible needs arises.
The draft guidance on ordinary residence covers:
- how ordinary residence affects the legal framework in the Care Act
- how to determine ordinary residence
- determining ordinary residence when a person moves into certain types of accommodation in another local authority area
- disputes between authorities, and the process for seeking a determination by the Secretary of State for Health
- financial adjustments between local authorities
- further information where ordinary residence may apply, relevant scenarios and other legislation under which ordinary residence determinations can be made
- the types of accommodation to which the ordinary residence principle applies when arranging care and support in another local authority area
- the process when disputes around ordinary residence arise
The specified accommodation regulations detail the types of accommodation to which the ordinary residence ‘deeming’ provision applies, explicitly setting out three types of accommodation: care homes, supported living/extra care housing and shared lives/adult placement schemes. The regulations include definitions of these types of accommodation.