DHSC’s position on the determination of ordinary residence disputes in light of the outcome of the Worcestershire case
Updated 28 March 2024
© Crown copyright 2024
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/care-act-statutory-guidance/dhscs-position-on-the-determination-of-ordinary-residence-disputes-pending-the-outcome-of-r-worcestershire-county-council-v-secretary-of-state-for
On 10 August 2023, judgment was handed down by the Supreme Court in R (Worcestershire County Council) v Secretary of State for Health and Social Care and Swindon Borough Council [2023] UKSC 31 (‘the Worcestershire case’). This concerned the meaning of ordinary residence for the purposes of aftercare under section 117 of the Mental Health Act 1983.
In light of the judgment, ordinary residence disputes that raise similar issues to those in the Worcestershire case, and that had previously been stayed, will now be progressed. As we have several stayed cases to work through, we ask for your patience as we make determinations on these in a reasonable time considering all the relevant circumstances. We will be working through previously stayed cases in the order in which they were stayed.
If in light of the judgment in the Worcestershire case, you feel that a determination on a stayed case is no longer needed, contact ordinaryresidencereferrals@dhsc.gov.uk as soon as possible.
We will continue to accept new referrals in line with the Care and Support (Disputes between Local Authorities) Regulations 2014/2829 while we work through previously stayed cases.