Q&As

Can costs (including legal costs) incurred by a local authority when providing care and support to an adult be reimbursed if another local authority later accepts that adult is ordinarily resident in its area? Is there a precedent costs order if proceedings need to be issued?

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Published on LexisPSL on 11/05/2018

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • Can costs (including legal costs) incurred by a local authority when providing care and support to an adult be reimbursed if another local authority later accepts that adult is ordinarily resident in its area? Is there a precedent costs order if proceedings need to be issued?
  • Financial adjustments between local authorities
  • Costs incurred
  • Ordinary residence

Financial adjustments between local authorities

In relation to financial adjustments between local authorities, section 41(3) of the Care Act 2014 (CA 2014) states:

‘The local authority concerned may recover from the other local authority the amount of any payments it made towards meeting the needs in question at a time when the other local authority was instead liable to meet them under section 18 or 20(1) (as the case may be).’

Care and support statutory guidance: section 19.89 states:

‘Sometimes a local authority has been paying for a person’s care and support, but it later becomes apparent (for example as a result of an ordinary residence determination) that the person is in fact ordinarily resident elsewhere. In these circumstances the local authority which has been paying for that person’s care may reclaim the costs from the local authority where the person was ordinarily resident.’

Therefore, the local authority concerned may recover from the other local authority the amount of any payments it made towards meeting the needs in question.

Costs incurred

CA 2014, s 8 provides examples of services that can be offered to meet the needs of care under CA 2014, ss 18 and 20, including:

‘(a) accommodation in a care home or i

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