R (on the application of Worcestershire County Council) (Appellant) v Secretary of State for Health and Social Care (Respondent)
Case ID: 2022/0022
Which local authority was responsible for the after-care of a service-user who had been detained in hospital under the Mental Health Act 1983 (the "1983 Act")? The case turns on the issue of where the service-user had been "ordinarily resident…immediately before being detained" for the purposes of s.117(3)(a) of the 1983 Act.
JG suffers from treatment-resistant schizoaffective disorder. In early 2014, she lived in Worcestershire. In March 2014, she was detained under section 3 of the 1983 Act for treatment in hospital (the "First Detention"). In April 2014, it was decided that it was in JG's best interests for her to move to a residential placement closer to her daughter in Swindon. In July 2014, JG was discharged and was released to a care home in Swindon for after-care bringing her First Detention to an end. Her after-care services were funded by Worcestershire Council County ("Worcestershire CC").
In February 2015, Worcestershire CC moved JG to a second care home in Swindon because the first care home could no longer adequately meet her needs. The placement was also funded by Worcestershire. In June 2015, JG was detained under section 3 of the 1983 Act for treatment in a hospital in Swindon (the "Second Detention"). In November 2015, JG was discharged, however, she remained an in-patient in the Swindon hospital, because she lacked decision-making capacity. In August 2017, JG was discharged to after-care.
A dispute arose as to where JG was "ordinarily resident" immediately before her Second Detention which would determine which local authority should pay for her after-care services. The Secretary of State held that JG was ordinarily resident in Swindon because that was where she was living just before her Second Detention. Swindon sought a review of that decision. The Secretary of State reversed his decision and decided that JG was ordinarily resident in Worcestershire for fiscal and administrative purposes. Worcester applied for judicial review of this decision. The High Court held that JG was ordinarily resident in Swindon immediately before her second period of detention. On appeal, the Court of Appeal held JG was ordinarily resident in Worcestershire before her second period of detention. Worcestershire now appeals to the Supreme Court.
Worcestershire County Council
Secretary of State for Health and Social Care
Lord Reed, Lord Hamblen, Lord Leggatt, Lord Burrows, Lord Richards
Hearing start date
27 April 2023
Hearing finish date
27 April 2023
|27 April 2023||Morning session||Afternoon session|
Future Judgment Update
Please note that appeal in the matter of R (on the application of Worcestershire County Council) (Appellant) v Secretary of State for Health and Social Care (Respondent) has been heard by the Supreme Court and is currently awaiting judgment.
As soon as the judgment hand-down date is confirmed, it will be published on the Future judgments page of this website. As a very broad indication, judgments tend to follow between three to nine months after the conclusion of the appeal hearing, although in some cases it may be earlier than that. Information about judgment hand-downs is usually announced one week in advance. We are unable to give any indication of the likely hand-down date for judgments not listed on the Future judgments page.