Information for "R (Worcestershire County Council) v SSHSC (2021) EWCA Civ 1957"

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Display titleR (Worcestershire County Council) v SSHSC [2021] EWCA Civ 1957
Default sort keyR (Worcestershire County Council) v SSHSC (2021) EWCA Civ 1957
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Page creatorJonathan (talk | contribs)
Date of page creation11:37, 12 January 2022
Latest editorJonathan (talk | contribs)
Date of latest edit20:03, 26 June 2023
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JG was detained under s3 in Worcestershire (Area 1), discharged to residential care in Swindon (Area 2), detained again under s3 in Swindon and discharged again. The Court of Appeal held that: (1) Area 1's duty subsists until it comes to an end by a s117(2) decision that the patient "is no longer in need" of aftercare services (ordinary residence in area 2 when subsequently detained makes no difference); there had been no such decision so the duty continued throughout both the second period of detention and beyond. (2) Obiter, by the ordinary meaning of "ordinarily resident" and under the Shah test JG was ordinarily resident in Swindon immediately before the second detention, and there was nothing in subsequent caselaw (including Cornwall) or the Care Act 2014 amendments (including the change from "resident" to "ordinarily resident") justifying a different conclusion.
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