Ordinary Residence Procedure

1. General Ordinary Residence Guidance

See the Ordinary Residence section of the Care Act 2014 area of this procedure site, where general guidance can be found about the following topics:

1. Understanding what ordinary residence is;
2. When to establish ordinary residence;
3. How to decide the ordinary residence of a person with care and support needs in a range of circumstances;
4. How to decide the ordinary residence of carers;
5. Legal requirements around dispute resolution; and
6. The power of local authorities to make a financial adjustment when meeting the needs of a person/carer who is not ordinarily resident in their area.

2. Local Policy and Guidance Regarding Ordinary Residence

It is important that you are familiar with, and have regard to any available local policy and guidance regarding ordinary residence, as this will set out:

1. Any local circumstances in which the Local Authority will seek financial adjustment from another Local Authority; and
2. Any circumstances when it will not be sought; and
3. The process for seeking financial adjustment from another Local Authority; and
4. The process for responding to a request for financial adjustment from another Local Authority; and
5. How arrangements should be made to support carers when they care for more than one person across more than one Local Authority area;
6. The local position for the provision of urgent care and support to people who are not ordinarily resident in the area; and
7. Any local requirements for managing disputes.

3. Ordinary Residence Decision Support Tool

tri.x has developed a tool to support decision making around ordinary residence. It has been developed for use by the Local Authority in which:

1. A person is claiming ordinary residence; or
2. Another Local Authority is requesting Continuity of Care arrangements.

See 'Ordinary Residence Decision Support Tool'.

4. Decisions about Ordinary Residence in Specific Circumstances

When a person has more than one home

Under the Care Act a person with care and support needs:

1. Can only be ordinarily resident in one area, regardless of whether they have a second home elsewhere; and
2. Local authorities cannot share the legal responsibility for meeting their needs.

When a person is known to have more than one home in more than one area:

1. A decision must be made about which of the areas the person has the strongest links to; as this
2. Will determine which they are ordinary resident in; and therefore
3. Which Local Authority is responsible for meeting their needs.

Links could include:

1. Work links;
2. Education and learning links;
3. Family, friends and other important relationships;
4. The person's own views about where they are most 'settled'.

When a decision about ordinary residence is made it is the legal responsibility of the Local Authority in which the person is ordinary resident to meet:

1. Eligible needs whilst in the area; and
2. Eligible needs while staying in the other area.

If urgent needs for additional care and support arise when the person is staying in their home outside of the Local Authority area the Local Authority where they are present may:

1. Meet any urgent needs they may have; and
2. Seek financial adjustment for doing so from the Local Authority where they are ordinarily resident (in line with their local policy for doing so).

University Students

Split accommodation

A student's ordinary residence should be determined in the same way as a person who has more than one home when:

1. They attend University in another Local Authority area; and
2. They spend term time in that area; and
3. They spend holiday time in their original area.

Permanent university accommodation

If a student spends all of their time in the University area (term time and holiday time) their ordinary residence will change to that of the Local Authority in which the University is located (unless they have been placed into regulated care provision by the first Local Authority area).

This is because they will have:

1. Adopted residence there voluntarily; and
2. Are there for settled purposes as part of the regular order of their life; and
3. Do not spend any time in another area.

If, after University the person chooses to move back to the original area they lived their ordinary residence will be likely to change back to that area.

Regulated care provision

If the student:

1. Requires regulated accommodation in the University area; and
2. They have been placed into that accommodation by the original Local Authority area; then
3. Their ordinary residence will remain in the area of the placing Local Authority.

Regulated provision under the Care Act is:

1. A residential or nursing home;
2. A hospital;
3. A Shared Lives Scheme; or
4. A Supported Living Scheme.

Travel to University

If a student travels into another Local Authority area to attend University on a daily basis, but does not stay in that University area overnight their ordinary residence will not change to the area where they attend University.

Carers who care for people in more than one area

Establishing carer's ordinary residence

Under the Care Act the ordinary residence of a carer is always determined by the ordinary residence of the person they care for. This can pose a challenge when:

1. A carer provides care to more than one person; and
2. Those persons live in different Local Authority areas; because
3. The carer will be ordinary resident in more than one area under the Care Act.

Care Act guidance

The Care Act places the responsibility on all of the local authorities involved to:

1. Communicate with the carer and each other; and
2. Co-operate with each other; to
3. Decide who is best placed to assess the carers needs; and
4. Decide who is best placed to arrange any support they need.

There could be a range of possible outcomes, including:

1. An agreement where one Local Authority arranges all of the support and services the carer needs but is reimbursed by another Authority so that the cost is shared;
2. An agreement where each Local Authority assumes a different role in the process of assessment, support planning or review so as to evenly distribute their resources;
3. An agreement where one Local Authority agrees to undertake any reviews due to being located nearest to the carers home;
4. An agreement to complete joint assessment, support planning and review processes.

The importance of local policy and guidance

It is important that you familiarise yourself with, and have regard for any available local policy and guidance, as this will set out:

1. How arrangements should be made to support carers when they care for more than one person across more than one Local Authority area; and
2. Any local requirements for managing disputes.

People detained in prison

Ordinary residence while detained

A person's ordinary residence does not change when serving a custodial sentence or being accommodated in approved premises. This is because they are not residing there voluntarily, having instead been detained against their will by the Ministry of Justice.

Under the Care Act, even though the person's ordinary residence has not changed it is the responsibility of the Local Authority in the area where they are being detained to carry out any required Care and Support functions and meet eligible needs. This includes the meeting of urgent needs and the provision of any equipment.

Ordinary residence upon release

If the person intends to stay in the Local Authority area where they are being detained:

1. Their ordinary residence will change to that Local Authority; and
2. That Local Authority should make plans to continue providing care and support upon release; unless
3. The deeming provisions under Section 39 of the Care Act apply; in which case;
4. Their ordinary residence will not change and the Local Authority in which they were living prior to detention remains responsible.

If the deeming provisions apply the Local Authority that is currently meeting their needs should:

1. Contact the Local Authority in which the person is ordinarily resident; and
2. The Local Authority where they are ordinarily resident should carry out any required care and support functions to arrange care and support upon release.

If the person intends to return to the Local Authority where they lived prior to their detention their ordinary residence will not change. The Local Authority that is currently meeting their needs should:

1. Contact the Local Authority in which the person is ordinary resident; to
2. Explain that the person intends to return to the area; and
3. Agree continuity of care arrangements to support a smooth transition.

If the person intends to move to a whole new area upon release:

1. Their ordinary residence will change to that Local Authority; and
2. That Local Authority should make plans to provide care and support upon release; unless
3. The deeming provisions under Section 39 of the Care Act apply; in which case;
4. Their ordinary residence will not change and the Local Authority in which they were living prior to detention remains responsible.

Armed forces personnel and their families

The Care Act does not specify different ordinary residence rules for armed services personnel, therefore normal rules apply.

Military accommodation

If a serving member of the armed forces lives in military accommodation and is posted to military accommodation in another area of the country their ordinary residence and the ordinary residence of any family members that live with them and also move would change.

'ordinary residence 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'.

Civilian accommodation

Some military personnel choose to live outside of the base where they work, for example to buy or rent their own home.

If they are then posted to work at another base they may:

1. Remain living in their home and commute to that base (in which case their ordinary residence will not change); or
2. Stay temporarily on the base (e.g. Monday to Friday) but spend some time with their family at their own home (in which case the rules about people with 2 homes set out above apply); or
3. Move into military accommodation with their family and either sell or rent their own home (in which case their ordinary residence will change).

5. Meeting the Urgent Needs of a Person who is not Ordinary Resident

The Care Act

Under the Care Act any Local Authority has the power to meet the urgent needs of a person (or carer) that is:

1. Present in the area; but
2. Ordinary resident in another area; so long as
3. It notifies the Local Authority where the person (or carer) is ordinary resident of its intention to do so; and
4. That Local Authority does not agree to meet urgent needs.

Local policy and guidance for meeting urgent needs

It is important that you familiarise yourself with, and have regard for any available local policy and guidance, as this will set out the local position regarding meeting the urgent needs of people who are not ordinarily resident in the area.

Notifying another Local Authority

Under the Care Act you are required to notify the Local Authority where the person is ordinarily resident so that:

1. They are aware that the person/carer has urgent needs; and
2. An agreement can be reached about the best way to meet those needs; and
3. An agreement can be reached about any financial adjustment.

If the person is already known to the other Local Authority

If a person (or carer) is already receiving care and support (or support) in another Local Authority area it may be more appropriate for that Local Authority to:

1. Assess their urgent needs; and
2. Agree the best way to meet urgent needs; and
3. Make arrangements to meet urgent needs; so long as
4. It is practicable for them to do so (for example they are not too far away and have access to services in the other area).

As such, if you are aware that a person (or carer) is:

1. Not ordinarily resident in the area at the time they present with an appearance of need; and
2. Already receiving care and support (or support) in the other Local Authority; you should
3. Notify the other Local Authority before any assessment of need has taken place.

If it is not possible for the Local Authority to assess urgent needs and make arrangements to meet them you should:

1. Assess urgent needs (in line with the Care Act duty); and
2. Arrange to meet urgent needs (in line with local policy); and
3. Agreed any financial adjustment (in line with local policy).

If the other Local Authority agrees to meet urgent needs

If the Local Authority where the person (or carer) is ordinarily resident agrees to arrange to meet their urgent needs you should:

1. Provide them with any urgent assessment of need carried out; and
2. They must give regard to this when meeting urgent needs.

Meeting urgent needs

Care and Support processes

When arranging to meet urgent care and support needs (or the Support needs of a carer) you should refer to relevant local care and support processes.

Financial assessment

Normal charging rules apply when urgent care and support (or support) is to be provided to a person (or carer) who is not ordinarily resident in the area. It is important that you:

1. Understand the local position on charging people who are not ordinarily resident; and
2. Provide information and advice about charging to the person (or carer) when arranging to meet urgent needs.

6. Managing Disputes about Ordinary Residence

Seeking legal advice

In line with the dispute process set out in the Care and Support (Disputes between Local Authorities) Regulations 2014 legal advice and support should always be sought when a decision is made to raise a dispute.

You should also consider the need to take legal advice when:

1. A person is present in the Local Authority area; or
2. A person is planning to move into the Local Authority area; and
3. They are claiming ordinary residence in the area; or
4. Another Local Authority is requesting Continuity of Care arrangements; and
5. You believe that the person may not be ordinarily resident in the area; or
6. You believe the person may not become ordinarily resident in the area;
7. Before deciding to dispute ordinary residence.

See the Legal Services Procedure, which explains the process for requesting legal support.

The process for managing disputes

The process set out in the Care and Support (Disputes between Local Authorities) Regulations 2014 must be followed by all parties whenever ordinary residence is disputed.

See: Resolving Disputes about Ordinary Residence for an outline of this process.

Local policy and guidance to manage disputes

It is important that you familiarise yourself with, and have regard for any available local policy and guidance, as this will set out any local requirements for managing disputes.

Meeting needs whilst resolving a dispute

First and foremost the Care Act is clear that any person (or carer) affected by a dispute must not go without the care and support (or support) they need whilst ordinary residence is being disputed.

The Local Authority where the person is present is legally responsible for meeting their eligible needs during any period of dispute unless:

1. Another Local Authority is already meeting their needs; in which case
2. That Local Authority must continue to meet their needs; until
3. The dispute is resolved.

7. Financial Adjustments between Local Authorities

Financial adjustment under the Care Act

Under the Care Act the Local Authority is legally entitled to seek reimbursement from another Local Authority when:

1. It has been meeting the needs of a person present in their area; or
2. It has been meeting the needs of a carer present in their area; and
3. That person/carer is not ordinarily resident in their area.

This includes:

1. Urgent needs met while a person is present in the area; and
2. Needs that are met during any ordinary residence dispute.

Local policy and guidance for financial adjustment

It is important that you familiarise yourself with, and have regard for any available local policy and guidance, as this will set out:

1. Any local circumstances when financial adjustment should be sought; and
2. Any circumstances when it should not be sought; and
3. The process for seeking financial adjustment from another Local Authority; and
4. The process for responding to a request for financial adjustment from another Local Authority.