This chapter was last reviewed and/or updated April 2021.

KEY POINTS

  • It is essential to determine ordinary residence at the point of contact.
  • Where it is not clear practitioners must seek guidance where any potential contentious judgement of ordinary residence may lead to dispute with another authority.
  • The wellbeing of the person is paramount; where there is a dispute one of the local authorities must accept responsibility on a ‘without prejudice basis’ while the dispute is resolved.
  • The authority should ensure the assessed care and support is provided speedily to the individual, pending the resolution of any dispute.

1. Introduction

Customer advisors need to establish whether the person requesting Adult Care involvement is entitled to support from Lincolnshire County Council, based on them being ‘ordinarily resident’ in Lincolnshire.

The Care Act 2014 has made changes to ordinary residence legislation and specific information can be found in the Care and Support Statutory Guidance in relation to:

2. Key Principles

Where two or more local authorities fall into dispute over a person’s ordinary residence, the following applies:

  • the key priority of local authorities should be the wellbeing of people who use services;
  • the provision of accommodation and / or services must not be delayed or otherwise adversely affected because of uncertainty over which local authority is responsible;
  • the wellbeing of people is paramount in all cases of dispute. In particular, where a person is suffering from a terminal illness, local authorities should ensure the assessed care and support is provided speedily to the individual, pending the resolution of any dispute;
  • one local authority must accept responsibility on a without prejudice basis, in accordance with the directions issued by the Secretary of State, for the provision of social care services until the dispute is resolved;
  • if an application is made to the Secretary of State for a determination, local authorities should endeavour to produce a jointly agreed statement of facts and other listed information. Where there is information that local authorities are not in agreement, these can be included separately in each local authority’s submissions. The period of time which is in dispute should also be provided.

Customer Service advisors should seek guidance from an Adult Care practitioner, from within the CSC, where any potential contentious judgement of ordinary residence may lead to dispute with another authority.

3. Key Resources

s.39-41 The Care Act 2014

  • 39 – Determining where a person’s ordinary residence is;
  • 40 – Disputes about ordinary residence or continuity of care;
  • 41 – Financial adjustments between the local authorities.

 Regulations

  • The Care and Support (Ordinary Residence) (Specified Accommodation) Regulations 2014;
  • The Care and Support (Disputes between Local Authority) Regulations 2014;
  • Chapters 19, 20 and 21 Statutory Guidance + Annex H;
  • Secretary of State of determinations.