QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
2 Park Street Cardiff CF10 1ET |
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B e f o r e :
(Sitting as a Judge of the High Court)
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NEATH AND PORT TALBOT COUNCIL | Claimant | |
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SECRETARY OF STATE FOR HEALTH | Defendant |
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Miss Mason appeared on behalf of the Defendant
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(i) "... I've never considered that Worcestershire is correct as to the law applying for the period commencing ..." after that date.
(i) "I do not consider that any other conclusion is available in light of this deemed provision. But I accept I have not been asked to make a determination for the period after 10th August 2009."
(i) "Duty of local authorities to provide accommodation.
(ii) (1)Subject to and in accordance with the provisions of this Part of this Act, a local authority may with the approval of the Secretary of State, and to such extent as he may direct shall, make arrangements for providing]—
(iii) (a)residential accommodation for persons [aged eighteen or over] who by reason of age, illness, disability] or any other circumstances are in need of care and attention which is not otherwise available to them..."
(i) "Authority liable for provision of accommodation.
(ii) (1)The local authority [empowered] under this Part of this Act to provide residential accommodation for any person shall subject to the following provisions of this Part of this Act be the authority in whose area the person is ordinarily resident...
(iii) (5) Where a person is provided with residential accommodation under this Part of this Act, he shall be deemed for the purposes of this Act to continue to be ordinarily resident in the area in which he was ordinarily resident immediately before the residential accommodation was provided for him."
(i) full information about the person to whom the services under Part 3 had been supplied;
(ii) details relating to the prior residence of a person to whom services were provided;
(iii) details of the statute of provisions under which services have been provided.
(i) Each local authority may additionally provide separate written representation concerning the agreed statement, including for example a legal submission."
(i) "It is clear that words like 'ordinary residence' and 'normal residence' may take their precise meaning from the context of the legislation in which they appear but it seems to me that the prima facie meaning of normal residence is a place where at the relevant time the person in fact resides... so long as that place where he eats and sleeps is voluntarily accepted by him, the reason why he is there and someone else does not prevent that place from being his normal residence... Residence ... through detention under statutory powers is not 'of choice.'"
(i) "...if the local authority gets the law right, the question of fact, whether the individual has established the prescribed residence, is for the authority, not the court, to decide. At that stage, determining ordinary residence is a question of fact and degree."
(i) "My determination of 4th August 2010 still stands. Neath were aware that that determination was being made, and they did not make any submission in respect of it. They state that they are not now seeking to reopen it, but even if they were to seek this, I would see no basis for doing so; if Neath were not happy with the conclusion reached in that determination, they should have challenged at the time. Therefore the position remains that SM is ordinary resident in Neath for the period from 1st February to 10th August 2009.
(i) "The effect of this is that when a person is provided with residential accommodation under section 21, if ordinary residence is deemed to continue in the area where he is resident before that accommodation was first provided, which in SM's case is Neath. This is not affected by any other factors, including the person's intention or whom makes the arrangements for the care."
(i) "This gentleman has been bought to my attention by the Best Interest Assessor for deprivation of liberty under the Mental Capacity Act 2005, to inform that, while SM's liberty is being restricted, he regards this as being as a result of SM being inappropriately placed [in the home] and of the ongoing dispute over funding of his placement, rather than any inappropriate care on the part of the staff..."