Inter Agency Disputes - Disputes between Local Authorities

This resource provides information on what should happen when two or more local authorities dispute whether they are responsible for funding a package of social care and support.

It does not cover disputes between healthcare (also known as Continuing Healthcare or Clinical Commissioning Groups) and local authorities. 

Mencap have produced a separate resource on healthcare and local authority disputes. 

This might include, for example: 

• People who spend some of their time living in one local authority , and some of their time living in another local authority (this could be, for example, as they spend half the time living with family and half the time independently)
• People visiting areas temporarily who suddenly require care and support in the area they are visiting
• People who have moved home but still have a local connection with the areathey used to live in, where it is not clear as to which area you are ‘ordinarily resident’ in.

Ordinary residence is the test used to establish which local authority will be responsible for funding a social care package. In most cases, it is a fairly straightforward matter to determine which area a person is ordinarily resident in, but there are a number of scenarios where this is less clear cut.
Ordinary residence has been defined through well-established case law as the place the person has voluntarily adopted for a settled purpose, whether for a short or long duration.

In working out what area a person is ordinarily resident in, a number of factors are taken into account including time, intention and continuity. The Statutory Guidance accompanying the Care Act 2014 details what ordinary residence is, and what factors are taken into account.

• Time: It is important to note that there is no minimum period that a person has to live in a local authority for them to be considered ordinarily resident. If that person has moved to the area voluntarily and for settled purposes, they can be considered ordinarily resident immediately. This is irrespective of whether they own, or have an interest, in property in another local authority area.
   
• Although there is no minimum period of time a person should be resident in a local authority, if that person has been there for a period of time, that fact could be persuasive of the person’s intention to remain settled in that area permanently. There is no set definition of how long a period of time should be to be persuasive, but essentially, the longer a person has been in an area, the more persuasive this would be. This is where time would be considered.
   
• Intention: the person’s intention is very important. If a person was ordinarily resident in local authority A, but went to stay in local authority B, it can depend on their intention to stay as to whether they are ordinarily resident in local authority A or B. If the person was only in local authority B for a number of weeks or months, and intended on returning to local authority A, their place of ordinary residence would stay as local authority A. 
   
• However, if that person intended on spending quite a lot of time in local authority B, and only very briefly returning to local authority A, their place of ordinary residence may be deemed to have moved to local authority B. The impact of this is that local authority B would then be responsible for the person’s care and support.

No. It is a legal requirement that if there is a person who may have a need for care and support within a local authority area, that authority must assess the person and identify their eligible needs before considering ordinary residence. 

The Care Act 2014 Statutory Guidance is very clear that the process of deciding ordinary residence must not delay the provision of support to a person who has care and support needs. In cases where ordinary residence is not certain , the local authority should meet the individual’s needs first and then decide ordinary residence. This means that the local authority who has carried out the needs assessment must put support in place for the person and, only whilst providing the support, then query ordinary residence and whether another authority is responsible. This prevents any ‘gap’ in support, as the determination of ordinary residence can sometimes take a long time.

Local authorities have powers in the Care Act to meet the needs of people who are known to be ordinarily resident in another area, at their discretion and subject to the current local authority informing the authority where the person is ordinarily resident.

If a person decides to move between areas, the Care Act sets out the process that local authorities must follow to achieve ‘continuity of care’. Local authorities must follow this procedure to ensure that the person’s care and support continues, without disruption, during and after the move. These procedures also apply where the person’s carer is receiving support and will continue to care for the adult after they have moved.

The person intending on moving should notify their local authority of the move. Their local authority then has a duty to notify and co-operate with the local authority of the area that the person intends on moving to. There may be meetings with the person to discuss the move. Where the person does not have capacity to decide where to live then deciding ordinary residence can be more difficult to ascertain. You should seek advice if you think this may apply to you by calling the Learning Disability Helpline.