Ordinary resident definition

A local authority only has a duty to meet eligible needs for an adult who is 'ordinarily resident' in its area. The question of where a person is ordinarily resident is decided by looking at the facts in each case. There is no definition of 'ordinary residence' in the Care Act 2014. The term should be given its usual meaning, i.e. where the person lives. 

Guidance to the Care Act on the meaning of 'ordinary residence' states that authorities should consider each case on its merits. The concept involves questions of both fact and degree. Factors such as time, intention and continuity must be taken into account.

Ordinary residence is acquired as soon as a person moves to an area if their move is voluntary and for settled purposes. This is regardless of whether they own, or have an interest in, a property in another local authority area. Being in an area for 'settled purposes' does not imply any minimum period in which a person has to be living in a place for them to be considered ordinarily resident there.

Where an adult lacks mental capacity to decide where to live, 'deeming' provisions apply so that ordinary residence remains with the authority that originally placed the person in accommodation.