Government revises Care Act guidance after Supreme Court loss

The D of H has reviewed and updated the guidance following the Supreme Court judgment in July in the case of R (on the application of Cornwall Council) v Secretary of State for Health.

The updates, which can be read from paragraphs 19.17 to 19.43 of the guidance, set out changes in the approach that should be used to determine ordinary residence or  disputes between councils in relation to adults who lack capacity to decide where to live and looked-after children who are transitioning to certain adult social care services.

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