Collection

Ordinary residence

How the department resolves disputes in the health and social care sector when 2 or more local authorities cannot agree responsibility for meeting a person's eligible needs.

Ordinary residence determinations contain an insight of how the Secretary of State for Health and Social Care resolves disputes when 2 or more local authorities cannot agree responsibility for meeting a person’s eligible needs.

This is done by a process of fact finding from the information provided by the local authorities to the dispute for Secretary of State’s consideration.

These anonymised determinations are also published to help local authorities make decisions about future cases. They are not a substitute for the ordinary residence guidance and directions, or legal advice where necessary.

Individual ordinary residence determinations are not published by the Department of Health and Social Care and are only sent to the parties involved in the dispute. This is because determination documents hold personal details of service users and third parties.

The anonymised ordinary residence determinations are for health and social care sectors such as local authorities and their legal teams as well as the general public.

Chapter 19 and Annex H of the Care Act 2014 guidance titled ‘Ordinary Residence’, provides information and advice on determining ordinary residence for people requiring local community care services from 1 April 2015.

Chapter 21 provides information and advice on cross-border placements.

For further information, please see the following regulations:

The Care and Support (Disputes Between Local Authorities) Regulations 2014

The Care and Support (Ordinary Residence) (Specified Accommodation) Regulations 2014

The Care and Support (Cross-border Placements) (Business Failure Duties of Scottish Local Authorities) Regulations 2014

Ordinary residence guidance

Ordinary residence determinations

  1. Ordinary residence disputes: Milton Keynes v Scottish Ministers
  2. Ordinary residence disputes: Supreme Court judgment
  3. Ordinary residence disputes: Care Act 2014
  4. Ordinary residence disputes: National Assistance Act 1948
  5. Ordinary residence: anonymised determinations 2018
  6. Ordinary residence: anonymised determinations 2017
  7. Ordinary residence: anonymised determinations 2016
  8. Ordinary residence: anonymised determinations 2015
  9. Ordinary residence: anonymised determinations 2014
  10. Ordinary residence: anonymised determinations 2013
  11. Ordinary residence: anonymised determinations 2012
  12. Ordinary residence anonymised determinations from 2006 to 2011
Published 1 May 2014
Last updated 4 September 2018 + show all updates
  1. Added 'Ordinary residence: anonymised determinations 2018' to 'Ordinary residence determinations' group.
  2. Added 'Ordinary residence: anonymised determinations 2017' to 'Ordinary residence determinations' group.
  3. Added 'Ordinary residence: anonymised determinations 2016'.
  4. Page created for 2015 ordinary residence determinations.
  5. First published.