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Ordinary residence
Each local authority has a duty (in respect of persons over 18) to make arrangements to provide residential accommodation to persons who are in need of care and attention which is not otherwise available to them, and to make welfare arrangements for certain people.
What's new
11 January 2008
The Department has now published a series of anonymised ordinary residence determinations to help provide an insight of how it arrives at determination decisions. These anonymised determinations are not a substitute for the LAC(93)7 Ordinary Residence guidance and or legal advice where necessary.
Review of Ordinary Residence Guidance (LAC(93)7)
Published: 29 August 2008
During the passage of the Health and Social Care Act 2008 through Parliament, the Department made a commitment to revise Local Authority Circular LAC(93)7, which contains guidance on the identification of the ordinary residence of people who require social care under the National Assistance Act 1948.
We also made a commitment to issue directions setting out the steps that local authorities should take to resolve disputes over ordinary residence more quickly and the process and timetable for seeking a determination of ordinary residence from the Secretary of State where the dispute cannot be resolved locally. The directions and revised guidance will ensure that local authorities are better equipped to resolve disputes at a local level and that people who use services are not caught-up in long-running disputes over the provision of their care.
Over the summer, we will be working closely with stakeholders to take this project forward with a view to issuing the directions and revised guidance for consultation in early autumn 2008. If you have any comments or views on ordinary residence issues that you would like us to consider ahead of the formal consultation period then please email us at
Ordinary residence policy
An introduction to the Department’s ordinary residence policy including information on specific duties of local authorities.
Ordinary residence determinations
Published anonymised ordinary residence determinations, and details on how to apply for a determination.
Frequently asked questions
Responses to frequently asked questions and issues of concern related to ordinary residence.
Interim agreement to deal with disputes under section 32(3)
An interim agreement to deal with ordinary residence disputes under section 32(3) of the National Assistance Act 1948 between Welsh and English councils unable to reach agreement has been entered into by the Welsh Ministers for Health and the Secretary of State for Health in England. This agreement will remain in force until a permanent solution can be put in place.
Additional links
Related 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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