DHSC “working through” stayed ordinary residence disputes after Supreme Court judgment

The Department for Health and Social Care (DHSC) has updated its statutory guidance on the determination of ordinary residence disputes in light of the outcome of a Supreme Court judgment last year.

In August 2023, the Supreme Court allowed an appeal brought by Worcestershire County Council over findings by the Court of Appeal that the local authority, rather than Swindon Borough Council, had a duty to provide after-care services to a service-user who had been detained under the Mental Health Act 1983.

The Supreme Court concluded that following the service user’s second discharge, Swindon, and not Worcestershire, had a duty to provide her after-care services.

In an updated position statement, the Government said: “As the judgement has now been handed down, DHSC is working through the stayed cases in the order in which they were referred, with a view to issuing determinations as soon as we are able to do so.”

It added: “If in light of the judgment in the Worcestershire case, you feel that a determination on a stayed case is no longer needed, contact This email address is being protected from spambots. You need JavaScript enabled to view it. as soon as possible.”

“We will continue to accept new referrals in line with the Care and Support (Disputes between Local Authorities) Regulations 2014/2829 while we work through previously stayed cases.”

The DHSC revealed it “does not intend” to amend paragraphs 19.62 to 19.68 of the Care and support statutory guidance in light of the Supreme Court decision.

It said: “These paragraphs reflect the current legal position and so do not need to be amended.”

Lottie Winson