SCOPE OF THIS CHAPTER
Hull City Council is only required to meet needs in respect of an adult who is ‘ordinarily resident’ in its area or is present in the area but has no settled residence. Establishing ordinary residence is a key test in determining where responsibilities lie between local authorities for the funding and provision of care and support. In the majority of cases determining ordinary residence, both in respect of capacitated adults and those who lack capacity, should be relatively straightforward. However, there will be cases where a person’s residency status is more complicated and one or more local authorities are in dispute. The term ordinary residence should be given its ordinary and natural meaning.
Amendment: This chapter was amended in May 2016, when a link to the Hull City Council Ordinary Residence was added, as above.
1. Procedure Steps
|1.||Check whether the person has voluntarily moved to Hull with the intention to live there for the foreseeable future for their own reasons. This means they are ordinarily resident in Hull. The worker should seek sufficient information to be satisfied that the person has made a choice to live in Hull i.e. they have always lived here or have moved here or moved back here with an intention of settling.||Social worker/ assistant/ occupational therapist/ sensory impairment worker|
|2.||Ordinary residence can be acquired as soon as a person moves to an area, if their move is voluntary and for settled purposes and irrespective of whether they own or have an interest in a property in another local authority area. There is no minimum time that the person has to live in Hull to be considered ordinarily resident here.||Social worker/ assistant/ occupational therapist/ sensory impairment worker|
|3.||In establishing responsibility for the provision of carer support, the responsible authority is the one in which the cared for person is ordinarily resident, regardless of where the carer is resident.||Social worker/ assistant/ occupational therapist/ sensory impairment worker|
|4.||Where someone is living in Hull and then lost capacity and it is not certain where they are ordinarily resident, then the question can be considered as though they have capacity. The worker must consider where they are living and why they moved there without the requirement that they have voluntarily adopted the place of residence||Social worker/ assistant/ occupational therapist/ sensory impairment worker|
|5.||Given point 2 above, it should only be in rare circumstances that it is decided that someone is of no settled residence. An example would be if they clearly and intentionally left their previous residence and moved to stay in Hull temporarily and in that time their circumstances changed. The Care Act is clear that the eligible needs of those who have no settled residence are the responsibility of the locally authority where they are physically present.||Social worker/ assistant/ occupational therapist/ sensory impairment worker|
|6.||In cases where a local authority meets care and support needs by providing accommodation in a different area then the person ‘placed out of area’ is deemed to continue to be ordinarily resident in the area of the authority which makes the placement. This includes residential & nursing care, Shared Lives and a number of other types of supported accommodation.||Social worker/ assistant/ occupational therapist/ sensory impairment worker|
|7.||A person in hospital or in other NHS accommodation is to be treated as ordinarily resident in the local authority in which they were living before going into hospital regardless of the length of stay in hospital.||Social worker/ assistant/ occupational therapist/ sensory impairment worker|