Ordinary residence guide: determining local authority responsibilities under the Care Act and the Mental Health Act

This guide is applicable to all adults whose care is commissioned in an area that is different from where they hold ordinary residence, including those whose services are governed by the Mental Health Act.

Section 2 of this guide, Leaving Hospital (pages 14-18), is under review and will be updated shortly.

This guide has been created to support the ambitions of the Transforming Care programme to improve services and support for children, young people and adults with a learning disability, autism or both a learning disability and autism who may display behaviour that challenges, and significantly reduce the number of people in inpatient settings.

It is aimed at supporting partners to understand and apply the concepts of ordinary residence – in particular, recognising that many of the people supported have experienced complex care and support arrangements, over a number of years, in different geographical areas and where guidance and policy may have changed during this time.

This guide has been commissioned by the Transforming Care programme, which supports people with a learning disability, autism or both, and has been endorsed by the executive council of the Association of Directors of Adult Social Services in England (ADASS) for use with all adults.

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