R (Cornwall Council) v SSH [2012] EWHC 3739 (Admin), [2012] MHLO 162

PH was a young man born with significant learning and physical disabilities. The Secretary of State decided that when he turned 18 he was ordinarily resident under the NAA 1948 in Cornwall, where his parents lived, despite his physical presence elsewhere. The court held that the Secretary of State had lawfully applied the test in Vale relevant to a person who is so severely handicapped as to be totally dependent upon a parent or guardian (termed 'test 1' in the guidance), which states that such a person is in the same position as a small child and his ordinary residence is that of his parents or guardian because that is his base.

Related judgments

R (Cornwall Council v SSH [2015] UKSC 46, [2015] MHLO 61

Other

Judgment: 21/12/12

Hearing: 9/11/12

Before: Beatson J

David Lock QC (instructed by Cornwall Council Legal Department) for the Claimant

Deok-Joo Rhee (instructed by Department of Health Litigation and Employment Division) for the Defendant

Hilton Harrop-Griffiths (instructed by Wiltshire Council Legal Department) for the First Interested Party

Sarah Hannett (instructed by South Gloucestershire Council Legal Department) for the Second Interested Party

David Fletcher (instructed by Somerset County Council Legal Department) for the Third Interested Party

Citations

R (Cornwall Council) v Secretary of State for Health (Defendant) and (1) Wiltshire Council, (2) South Gloucestershire Council, (3) Somerset County Council (Interested Parties)

On Bailii as: Cornwall Council, R (on the application of) v Wiltshire Council & Ors [2012] EWHC 3739 (Admin)! (21 December 2012)

External link

BAILII!