Continuing the discussion from Case (Ordinary residence and s117). R (Worcestershire County Council) v SSHSC  UKSC 31:
Hi, with the Supreme Court ruling, does it come into effect straight away? So if someone was detained on a s3 in a different area now, that area have to take 117 responsibility based on the OR rules and it couldn’t be back dated to a s3 being put on in July before the ruling?
Hi David - it’s the court’s final interpretation of S.117 and therefore relates to all disputes about Ordinary Residence arising under CA 2014/MHA 1983.
DHSC stayed determinations until this decision because it would impact ongoing disputes. If someone was OR in a specific LA then detained under Section 3 in July 2023 - that LA is responsible for S.117 (even if another authority funded their placement there and had not discharged their duty).