R (on the application of Kent County Council) v Secretary of State for Health [2015] EWCA Civ 81, [2015] All ER (D) 129 (Feb)
The defendant secretary of state decided that the claimant local authority was obliged to fund NA’s accommodation, as he was ordinarily resident in its area. The claimant sought judicial review, relying on s 24(5) of the National Assistance Act 1948, deeming a person ordinarily resident in a local authority area when he was, in fact, ordinarily resident elsewhere. The Court of Appeal, Civil Division, in dismissing the application, held that both references to residential accommodation in s 24(5) of the Act concerned that provided under the Act and that the deeming provision had no effect on the conclusion that NA was ordinarily resident in the claimant’s area.
