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13 November 2015 / Jennifer Kotilaine
Issue: 7676 / Categories: Features , Public
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Swings & roundabouts

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The Supreme Court has tackled the definition of ordinary residence, reports Jennifer Kotilaine

R (Cornwall Council) v SSHD & Somerset County Council [2015] UKSC 46, [2015] All ER (D) 91 (Jul), deals with a young man, P, who was born in 1986 in Wiltshire. He has profound physical and learning disabilities and lacks capacity to decide where to live. P was accommodated in 1991 under s 20 of the Children Act 1989 (CA 1989). His foster placement was in South Gloucestershire where he remained until 2004. P’s parents moved from Wiltshire to Cornwall in 1991 and P would occasionally visit his parents there for brief periods during the holidays.

After turning 18, P moved out of his foster placement in South Gloucestershire and into a care home in Somerset where he is now accommodated under s 21 of the National Assistance Act 1948 (NAA 1948). There is no question that he will be accommodated for the rest of his life, such are his needs for care and attention that are not otherwise available to him.

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