Scott Storey prepared legal submissions on behalf of “Council B” in respect of a determination by the Secretary of State for Health and Social Care as to the ordinary residence of “X”. The matter was determined in favour of Council B and is available here.

The Secretary of State was asked to determine where X was ordinarily resident and therefore which local authority was required to meet his eligible care and support needs under the Care Act 2014.

X moved to NHS-funded accommodation within the area of Council A in March 2018, having previously lived within the area of Council B. Council B had not been responsible for meeting X’s care and support needs when he lived within Council B’s area. In August 2018, X’s NHS funding ceased and he became a “self-funder” through his deputy for property and affairs.

The Secretary of State concluded that when X’s NHS funding ceased he acquired ordinary residence within the area of Council A. The Secretary of State further found that there was no or no sufficient evidence to conclude that Council B acted unlawfully by reference to any duties or powers arising under sections 18 or 19 of the Care Act 2014.