Question to the Department of Health and Social Care:

To ask the Secretary of State for Health, what guidance his Department provides to local authorities on adjudication of disputes over who is responsible for the care of an individual.

The Department has issued comprehensive guidance - “Ordinary Residence: Guidance on the identification of the ordinary residence of people in need of community care services, England”. This guidance provides information and advice for local authorities on determining ordinary residence for people requiring local community care services. The guidance also includes information on the process with which to refer a dispute to the Secretary of State.

The latest guidance (published October 2013) is attached to this reply.

Under the Care Act 2014 new statutory guidance will come into force in April 2015.