Kent County Council, R (on the application of) v The Secretary of State for Health & Ors

Kent County Council, R (on the application of) v The Secretary of State for Health & Ors

Section 24(5) of the National Assistance Act 1948 only deems ordinary residence for funding purposes when residential accommodation is provided under the Act itself, not when initially provided by the NHS. Kent was therefore responsible for funding NA's accommodation as he was ordinarily resident in Kent when NHS funding ceased.

Parties
Appellant/claimant: Kent County Council; Respondent/defendant: Secretary of State for Health; 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 Refusal of Permission for Judicial Review
Outcome
Claim 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

London Borough of Sutton

Interested Party

London Borough of Barking and Dagenham

Interested Party

Procedural Posture

Judicial Review / Appeal From Refusal of Permission for Judicial Review

Legal Issues

  1. 1 Whether section 24(5) of the National Assistance Act 1948 deems ordinary residence for funding responsibility when residential accommodation was initially provided by the NHS, not 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 deems ordinary residence for funding purposes when residential accommodation is provided under the Act itself, not when initially provided by the NHS. Kent was therefore responsible for funding NA's accommodation as he was ordinarily resident in Kent when NHS funding ceased.

Court Disposition

Claim dismissed

Orders

  • Judicial review claim dismissed
  • Kent County Council remains responsible for funding NA's accommodation