The following Local Government guidance note Produced in partnership with Jonathan Auburn of 11 King’s Bench Walk provides comprehensive and up to date legal information covering:
A local authority (LA) has a duty to assess whether an adult has needs for care and support if it appears to the authority that they may have such needs. If, following the assessment, the authority finds that the adult has needs and the needs meet the prescribed eligibility criteria, it or another local authority may have a duty/power to meet those needs.
Once a decision has been made as to whether a person has eligible needs for care and support, the duty/power to meet those needs rests with the LA in whose area the adult is ordinarily resident. Or, if they have no settled residence, the local authority in whose area the adult is present.
There is no statutory definition of ordinary residence. It is given its ordinary and natural meaning.
‘Ordinarily resident’ refers to a person’s abode in a particular place or country that they have adopted voluntarily.
A person has the capacity to make their own decisions about where they wish to li
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