STOP PRESS: the Supreme Court has ruled in R (on application of Worcestershire County Council) v Secretary of State for Health and Social Care [2023] UKSC 31 that the local authority responsible for providing aftercare services under section 117 of the Mental Health Act 1983 is the local authority where the person was ordinarily resident before that admission. This is so even where the accommodation was provided by another local authority pursuant to an earlier section 117 duty. See News Analysis: Ordinary Residence and Mental Health Aftercare Services (R (Worcestershire County Council) v Secretary of State for Health and Social Care) and Supreme Court confirms duty to provide after-care services ends when a person is re-detained for treatment (R (on the application of Worcestershire County Council) v Secretary of State for Health and Social Care), LNB News 10/08/2023 41. A local authority 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

Local Government analysis: The Upper Tribunal dismissed Enfield’s appeal and confirmed that, for Part 3 of the Children and Families Act 2014 (CFA 2014), whether a child or young person is ‘in’ a local authority’s area turns on a child or young person’s ordinary residence, applying the settled-purpose test in Shah, rather than the social-care approach in Cornwall. Local authority-arranged accommodation may therefore shift ordinary residence for special educational needs (SEN) purposes even where social care responsibility remains elsewhere, so different authorities may simultaneously be responsible for SEN and social care. The UT also held that, within an appeal under CFA 2014, s 51, the FTT has jurisdiction, and must determine which local authority is the proper respondent. Authorities should identify cross-border placements promptly, assess ordinary residence and transfer Education Health and Care (EHC) plans where required. Analysis produced in partnership with Alice Wheatley, associate at Browne Jacobson.

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note was originally drafted by Simon Goldring and Ben Harle but is now maintained by Lexis®PSL Private Client. Prior to 6 April 2013, the concept of ordinary residence applied as a distinct concept from residence and domicile for UK tax purposes. There was no statutory definition for ordinary residence and its meaning was taken from its usual meaning and from case law. In short, an individual was ordinarily resident in the UK if their residence in the UK was typical and not casual. The concept of ordinary residence was removed by Finance Act 2013 (FA 2013) and replaced with references to residence with effect from 6 April 2013 as part of the Government’s initiative to simplify tax rules and reduce uncertainty. See the Abolition of ordinary residence from 6 April 2013 and transitional rules to 5 April 2016 [Archived] Practice Note for further details. However, the government has included savings

The CA 2006 specifies certain matters that must be effected by ordinary resolution (ie simple majority) passed by the members of a company, eg the removal of a director. CA 2006 also specifies certain matters which must be effected by special resolution of the company or where the relevant threshold for effecting a matter is 75%. Where the CA 2006 states that something must be done by passing a resolution but does not specify what type of resolution, an ordinary resolution will be adequate (unless the articles of association specify any higher majority or unanimity).

Ordinary resolution That the directors of the Company be authorised to determine

Ordinary resolution [ That the payment of [insert amount] proposed to be made by the Company to [insert name of director], a director of the Company, as compensation for their loss of office as director of the Company be approved in accordance with section 217 of the Companies Act 2006. OR

Ordinary resolution [ That the payment of [insert amount] proposed to be made by the Company to [insert name of director], a director of the Company, as compensation for their loss of office as director of the Company in connection with the [proposed] transfer of shares in the Company resulting from a takeover bid by [insert name of bidder] be approved in accordance with section 219

Ordinary resolution [ That the credit transaction pursuant to which [insert details of credit transaction] proposed to be entered into by the Company for the benefit of [insert name of director], a director

Ordinary resolution [ That the loan for the amount of [insert amount of loan] proposed to be made by the Company to [insert name of director], a director of the Company,

ORDINARY RESOLUTION That the payment of [insert amount] proposed to be made by the Company to [insert name of director], a director of the Company, as compensation for their loss of office as director of the Company in connection with the [proposed] transfer of [the whole OR part] of the Company’s [undertaking [and/or ] AND/OR property] be approved in accordance

Ordinary resolution [ That the quasi-loan for the amount of [insert amount of quasi-loan] proposed to be made by the Company to [insert name of director], a director of the Company,

Ordinary resolution [ That the payment of [insert amount] proposed to be made by [insert name of subsidiary company] to [insert name of director], a director of the Company as compensation for their loss of office as director of the Company be approved in accordance with section 217 of the