Milton Keynes Council, petitioners

Judicial review – Social welfare services of local authorities – Adjustments between authorities. Court of Session: Refusing a judicial review petition challenging a decision by the Scottish Ministers that notwithstanding that an elderly lady was living in a care home in East Lothian, having previously lived in Milton Keynes, she remained ordinarily resident in Milton Keynes, a case which turned on the correct construction of the term 'ordinary residence' for the purposes of s 86 of the Social Work (Scotland) Act 1968, the court held that in reaching the decision they did the respondents applied the correct test and the decision was legitimate, transparent, plainly consistent with the guidance set out in Scottish Government Guidance Circular 3/2010, and made according to law.

Category: