Community care: ordinary residence determinations
Anonymised ordinary residence determinations produced in response to disputes between local authorities about who should pay for care.
Introduction
A local authority can recover the costs of providing services to a person 'ordinarily resident' in another local authority. Section 86 of the Social Work (Scotland) Act 1968 sets out the details. It covers accommodation and services provided under:
- Social Work (Scotland) Act 1968
- Part II of the Children (Scotland) Act 1995
- Sections 25 to 27 of the Mental Health (Care and Treatment)(Scotland) Act 2003
Our policy is that normally the local authority in which a person is ordinarily resident is financially responsible for the community care services for that person. We have provided revised guidance on ordinary residence in Circular CCD 3/2015 and Circular CCD3/2010.
Disputes between local authorities
If a dispute arises as to which local authority should pay for care, the local authorities concerned can apply to Scottish Ministers for a determination of ordinary residence, when all other attempts at resolving the dispute have failed.
Schedule 1 of the Care Act 2014, relates to cross border (England to Scotland etc) disputes.
Ordinary residence determinations
We have published the attached anonymised ordinary residence determinations to help understand the approach taken to making a determination.
These anonymised determinations are not a substitute for the ordinary residence guidance and directions, or legal advice where necessary.
Previous ordinary residence determinations are available in our website archive.
Contact
Email: adultsocialcare@gov.scot
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