Guide to determining ordinary residence for aftercare under the Mental Health Act
Community Care
SEPTEMBER 4, 2023
By Tim Spencer-Lane Determining the ordinary residence of a service user is sometimes a highly contested matter. This is mainly because ordinary residence will normally determine which local authority is responsible for arranging and funding a person’s care plan. Under section 117 of the Mental Health Act 1983 (MHA) there is the added ingredient that the person cannot be charged for services and therefore the costs for the relevant local authority are often higher.
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