Kent County Council, R (on the application of) v The Secretary of State for Health & Ors [2015] EWCA Civ 81 (11 February 2015)

Kent County Council, R (on the application of) v The Secretary of State for Health & Ors [2015] EWCA Civ 81 (11 February 2015)

Section 24(5) of the National Assistance Act 1948 only applies to residential accommodation provided under the 1948 Act, not to accommodation initially provided by the NHS. Therefore, Kent County Council is responsible for funding NA's accommodation as he was ordinarily resident in Kent when NHS funding ceased and section 24(5) does not alter that responsibility.

Citation
[2015] EWCA Civ 81
Parties
Appellant/claimant: Kent County Council; Respondent/defendant: Secretary of State for Health; Interested Party: NA; Interested Party: London Borough of Sutton; Interested Party: London Borough of Barking and Dagenham
Jurisdiction
England and Wales
Judgment Date
11 February 2015
Procedural Posture
Judicial Review / Appeal From Administrative Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Ordinary Residence, Local Authority Funding Responsibility, National Assistance Act 1948, Statutory Interpretation
Administrative Law Social Welfare Law Ordinary Residence Local Authority Funding Responsibility National Assistance Act 1948 Statutory Interpretation

Case Brief

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Parties

Kent County Council

Appellant/claimant

Secretary of State for Health

Respondent/defendant

NA

Interested Party

London Borough of Sutton

Interested Party

London Borough of Barking and Dagenham

Interested Party

Procedural Posture

Judicial Review / Appeal From Administrative Court to Court of Appeal

Legal Issues

  1. 1 Whether section 24(5) of the National Assistance Act 1948 deems ordinary residence for funding responsibility when accommodation was initially provided by the NHS rather than under the 1948 Act
  2. 2 Proper construction of section 24(5) of the National Assistance Act 1948

Ratio Decidendi

Section 24(5) of the National Assistance Act 1948 only applies to residential accommodation provided under the 1948 Act, not to accommodation initially provided by the NHS. Therefore, Kent County Council is responsible for funding NA's accommodation as he was ordinarily resident in Kent when NHS funding ceased and section 24(5) does not alter that responsibility.

Court Disposition

Appeal dismissed

Orders

  • Claim for judicial review dismissed
  • Kent County Council remains responsible for funding NA's accommodation