Ordinary Residence Cross-Border Placements & the Legal Aspects

Provided by DCC Interactive Ltd

Target Audience: Social Work Teams Adult Services

Delivered: Virtually via TEAMS

Aim:

This training will establish what Ordinary residence means and will seek to guide local authorities through the complexity of placements involving cross-border issues within Wales and across to England. This course will include Mental capacity law on cross-border placements for care placements and DOLS.

Learning Outcomes:

The law governing decision-making for or on behalf of adults who lack decision-making capacity can also be an important aspect of cross-border placements.

The course aims to support the relevant law :
The Mental Capacity Act 2005 (which applies in England and Wales) in Wales - Circular WOC 41/93: 'Ordinary residence - personal social services' (to be replaced by the statutory Code of Practice relating to part 11 of the Social Services and Well-being (Wales) Act from April 2016).

This training will include outlining some of the important case law to guide and determine. Such as the speech of Lord Scarman in 'R. v London Borough of Barnet ex p Shah [1983] 2 AC 30'. This confirmed the words 'ordinary residence' and what is known as the 'Shah test'.
Difficulties arise when applying the Shah test to determine the ordinary residence of an adult who lacks capacity to decide for themselves where to live. In the case of 'R. v Waltham Forest LBC Ex p Vale', therefore, the court adapted the Shah test and established a two-part approach for determining the ordinary residence and the more recent decision of 'R. (Cornwall Council) v Secretary of State for Health', the Supreme Court.