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Ordinary residence: guidance on the identification of the ordinary residence of people in need of community care services, England

This guidance provides information and advice to local authorities (and certain other bodies) on the identification of the ordinary residence of people in need of community care services. 

The guidance anticipates the coming into force of section 148 of the Health and Social Care Act 2008 which is expected to come into force on 19 April 2010. The guidance is effective from this date. Therefore, on 19 April 2010, this guidance will replace the existing ordinary residence guidance contained in LAC(93)7. From this date, LAC(93)7 will be revoked.

The guidance should be read in conjunction with the following Directions:

The Ordinary Residence Disputes (National Assistance Act 1948) Directions 2010
The Ordinary Residence Disputes (Community Care (Delayed Discharges etc.) Act 2003 Directions 2010
The Ordinary Residence Disputes (Mental Capacity Act 2005) Directions 2010

This guidance has been screened for equality issues.

Publication of Determinations

Individual ordinary residence determinations are not published by the Department of Health and are only sent to the parties to the dispute. This is because determination documents hold personal details of service users and third parties. Such information cannot be released without the consent of all those involved in the determinations and taking consideration of Data Protection Act 1998.

The Department has published a series of anonymised ordinary residence determinations to help provide an insight of how it arrives at determination decisions. Please note that the anonymised determinations are not a substitute for the Ordinary Residence guidance and Directions, or legal advice where necessary.

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