Clarifying entitlement to community care and health services – Hardwicke Chambers

Posted November 19th, 2013 in health, immigration, local government, news, residential care, social services by sally

“Community care services are generally provided to those with relevant assessed needs by the authority of ‘ordinary residence’. So, ordinary residence has tended to be a question for local authorities considering the entitlement to community care services. This includes accommodation and domiciliary services under the National Assistance Act 1948 (NAA 1948) and accommodation under the Children Act 1989. Ordinary residence is also relevant for identifying which local authority is the supervisory body for the purposes of the Mental Capacity Act 2005 (and, conveniently some of the deeming provisions from the NAA apply to the MCA 2005, para 183 Sched A1).”

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Hardwicke Chambers, 7th November 2013