Worcestershire revisited

I have written before about how ordinary residence is to be determined, in cases where an individual is admitted to hospital under section 3 Mental Health Act 1983 whilst already in receipt of s117 aftercare. My previous post summarised the legal position following the High Court’s decision in the Worcestershire case. At that point, anContinue reading “Worcestershire revisited”

Ordinary residence, s117 and the Worcestershire decision

This judgement was released on 22 March 2021, but it is unlikely to be the last word on this issue as an appeal is in the works. In the meantime, any cases raising similar issues will be stayed, and determination only given after the outcome of that appeal is known. For those not familiar withContinue reading “Ordinary residence, s117 and the Worcestershire decision”

Ordinary residence downloadable guide

As promised, I am sharing an ordinary residence ‘cheat sheet’ that I referred to in my earlier posts. I am doing this at your request, and to help you all out. I am sure none of you lovely people would dream of trying to take credit for someone else’s work. But just in case, hereContinue reading “Ordinary residence downloadable guide”

You asked and I am listening

I have had a few requests for my ordinary residence cheat sheet. And honestly I’m so excited that I’m able to help that I will tweak it over the weekend to check it is still up to date and it will be up here by Monday. In the meantime, here’s another picture of my catContinue reading “You asked and I am listening”

Ordinary residence: the process

This is the third post in my overview series about ordinary residence. I’ve gone over the basics, and outlined some of the problem areas, so now I want to talk about the process i.e. How we actually go about resolving these disputes. I have said it before and I will say it again: this isContinue reading “Ordinary residence: the process”

I promise I am not being rude, but…

I am aware I said at the outset that I would post fortnightly, but after a flurry of posts about COVID-19, I have been quiet for a few weeks. My day job has been getting in the way. As I mentioned, we have had some new members join our team and supervising them whilst stillContinue reading “I promise I am not being rude, but…”

Ordinary residence: in more detail

Because nothing is ever quite as simple as it seems, let’s now take a look at the types of situation where things get complicated and where a dispute arises as to ordinary residence. I will start by saying that a lot of disputes start because one authority, or both, is misunderstanding the basic provisions discussedContinue reading “Ordinary residence: in more detail”

Ordinary residence: an introduction

No witty title for this one I am afraid. Instead I am going to get right to the point because this is a concept that many practitioners struggle with. It is also a big growth area in my work now that budget cuts are requiring increased scrutiny of every funding decision and allocation of resources.Continue reading “Ordinary residence: an introduction”