The meaning of Ordinary Residence
6.1 There is no definition of Ordinary Residence (OR) in the Care Act 2014. The term should be given its ordinary and natural meaning. In most cases, establishing the person’s OR is a straightforward matter. In more difficult cases factors such as time, intention and continuity have to be taken into account. The courts have considered the meaning of OR and the leading case is that of Shah v London Borough of Barnet (1983). In this case, Lord Scarman stated that:
“ordinarily resident refers to a man’s abode in a particular place or country which he has adopted voluntarily and for settled purposes as part of the regular order of his life for the time being, whether of short or long duration.”
Ordinary Residence can be acquired as soon as the person moves to an area, if their move is voluntary and for settled purposes, irrespective of whether they own, or have an interest in a property in another Local Authority area. There is no minimum period in which a person has to be living in a particular place for them to be considered ordinarily resident there, because it is dependent on the nature and quality of the connection with the new home area.
6.2 Where the council has assessed needs for care and support / support as a carer and confirmed that at least some needs are eligible for social care support, the Council has a duty to meet the unmet eligible needs of:
a. adults with care and support needs who the Council has determined to be:
- ordinarily resident in Gloucestershire or
- of no settled residence but physically present in Gloucestershire.
b. carers who are caring for adults described in paragraph 6.1
6.3 For carers, the responsible local authority will be the one where the adult for whom they care is ordinarily resident.
6.4 Where an ordinary residence determination is delayed or in dispute the council will meet unmet eligible needs while the question of ordinary residence is being resolved where:
- the council was meeting needs on the date on which the dispute arose or
- the person with care and support needs is living in Gloucestershire, or present in Gloucestershire if of no settled residence, and no other council was meeting needs on the date on which the dispute arose.
6.5 The date on which a dispute arises is the date on which the council first provided written advice to, or received written advice from, another local authority to state that ordinary residence is disputed.
6.6 Where another local authority was meeting needs on the date on which the dispute arose, the council will not usually agree to meet needs until such time as the dispute is resolved and a determination is made that the council has a duty to meet needs.
