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Department of Health

Care Act 2014: How should local authorities deliver the care and support reforms? Please give us your views


Ordinary residence

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The draft guidance on ordinary residence covers: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

See also:

Annex J of the draft guidance: Ordinary residence

The draft Care and Support (Ordinary Residence) (Specified Accommodation) Regulations 2014, cover:

  • the types of accommodation to which the ordinary residence principle applies when arranging care and support in another local authority area

The draft Care and Support (Disputes about Ordinary Residence, etc.) Regulations 2014 cover:

  • 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.

Question 71: Are the definitions of the types of accommodation as cited in the regulations too wide? Are they workable and clear?

Read: guidance on ordinary residence The Care and Support (Ordinary Residence) (Specified Accommodation) Regulations 2014 The Care and Support (Disputes about Ordinary Residence, etc.) Regulations 2014 Back to ordinary residence

Question 72: Do the guidance and regulations about ordinary residence disputes provide enough clarity to settle ordinary residence disputes between two or more local authorities? Are there other scenarios that it would be helpful for the guidance to consider?

Read: guidance on ordinary residence The Care and Support (Ordinary Residence) (Specified Accommodation) Regulations 2014 The Care and Support (Disputes about Ordinary Residence, etc.) Regulations 2014 Back to ordinary residence

Question 73: Which authority should be responsible for meeting the needs of an adult or carer when two authorities are in dispute, or another authority cannot come to an agreement on who should be the lead authority ? Do you agree with the regulations as currently set out?

Read: guidance on ordinary residence The Care and Support (Ordinary Residence) (Specified Accommodation) Regulations 2014 The Care and Support (Disputes about Ordinary Residence, etc.) Regulations 2014 Back to ordinary residence

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