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Ordinary residence background
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Last modified date:11 January 2008
An introduction to the Department’s ordinary residence policy including information on specific duties of local authorities.
Meaning of 'ordinary resident'
There is no definition of 'ordinarily resident' in the National Assistance Act 1948 and the term should be given its ordinary and natural meaning subject to any interpretation by the courts.
The meaning of 'ordinarily resident' or 'ordinary residence' has been considered by the courts and regard must be had to such cases as:
- Shah v London Borough of Barnet (1983) - Lord Scarman stated that “unless … it can be shown that the statutory framework or the legal context in which the words are used requires a different meaning I unhesitatingly subscribe to the view that 'ordinary resident' refers to a man’s abode in a particular place or country which he had adopted voluntarily and for settled purpose as part of the regular order of his life for the time being, whether of short or long duration”.
- Levene v IRC (1928) - Viscount Care said that 'ordinary residence' connotes residence in a place with some degrees of continuity and apart from accidental or temporary absences.
The duty to to make arrangements to provide residential accommodation and other welfare services
Under sections 21 and 29 of the National Assistance Act 1948, each local authority has a duty (in respect of persons over 18) to make arrangements to provide residential accommodation for persons who are in need of care and attention which is not otherwise available to them and to make welfare arrangements for certain people.
Where a local authority arranges a placement in another authority’s area, the placing authority will normally retain responsibility for funding the placement. Such placements should not be made without informing the other authority. The local authority should ensure that satisfactory arrangements are made before placement, for any necessary support services and for periodic reviews, and that there are clear agreements about the financing for all aspects of the individual’s care. If subsequently, by private arrangement, the person moves they may, depending on the specific circumstances, become ordinarily resident in the area of the local authority where they have chosen to live.
When an individual does not appear to have any settled residence it is the responsibility of the local authority from which the person first seeks help, to provide any residential care required to meet their needs.
Authorities should not delay the provisions of services for individuals because of the uncertainty about which authority is responsible. One of the local authorities involved should provisionally accept responsibility and be providing the services required.
The Department expects the local authorities involved to make any necessary changes to the funding arrangements in a way which ensures continuity of care and appropriate care for the service user.
Ordinary Residence Local Authority Circular LAC(93)7
The Ordinary Residence Local Authority Circular LAC(93)7, contains guidance on the identification of the ordinary residence of people who require social care under the National Assistance Act 1948 and clarifies the responsibility of local authorities to make every effort to resolve ordinary residence disputes themselves.
Ordinary residence disputes and personal social services funding
Local authorities get their social services funding from a variety of sources including central Government allocations. The formulae on which central government allocations are based take account of the general factors affecting authorities’ costs, including information on population, social structure and other characteristics of each authority. Each local authority should allow for the movement of people into and out of the authority, in managing its resources to meet local priorities and the needs of the local population.
Additional links
Make an enquiry
Write to: Social Care Directorate Ordinary Residence Policy, Area 123 Wellington House, 133-155 Waterloo Road, London SE1 8UG, or email:
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