*R (on the application of Cornwall Council) v Secretary of State for Health and others

Housing – Persons in need of care and attention. Philip suffered a number of disabilities and had, since a young age been in foster care pursuant to the Children Act 1989. Although he had lived with his carers in South Gloucestershire, the local authority that had had responsibility for providing his care had been Wiltshire. As Philip approached the age of 18, questions were raised as to which authority would be responsible for the provision of his care pursuant to s 21 of the National Assistance Act 1948, it having previously been determined that he should live as close as possible to his family in Cornwall. On turning 18, he moved to residential accommodation in Somerset. The Secretary of State had determined that Philip's place of ordinary residence was Cornwall. Cornwall Council had unsuccessfully sought judicial review of that decision. The Court of Appeal, Civil Division, allowed the appeal, finding that the Secretary of State had applied the wrong test. On remaking the decision, the court found that South Gloucestershire had been Philip's place of ordinary residence.

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