# When does Supreme Court decision in Worcestershire County Council case come into effect?

**URL:** <https://forum.mentalhealthlaw.co.uk/t/when-does-supreme-court-decision-in-worcestershire-county-council-case-come-into-effect/1840>\
**Category:** Mental Health Act\
**Tags:** aftercare\
**Created:** [6 September 2023 19:14 UTC](https://forum.mentalhealthlaw.co.uk/t/when-does-supreme-court-decision-in-worcestershire-county-council-case-come-into-effect/1840 "2023-09-06T19:14:47Z")\
**Posts on this page:** 2\
**Page:** 1

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**Author:** ![davidseward](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/d/eb8c5e/32.png) [@davidseward](https://forum.mentalhealthlaw.co.uk/u/davidseward)\
**Post date:** [6 September 2023 19:14 UTC](https://forum.mentalhealthlaw.co.uk/t/when-does-supreme-court-decision-in-worcestershire-county-council-case-come-into-effect/1840/1 "2023-09-06T19:14:47Z")

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Continuing the discussion from [Case (Ordinary residence and s117). R (Worcestershire County Council) v SSHSC [2023] UKSC 31](https://forum.mentalhealthlaw.co.uk/t/case-ordinary-residence-and-s117-r-worcestershire-county-council-v-sshsc-2023-uksc-31/1788):

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?

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**Author:** ![ZacSussex](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/z/e8c25b/32.png) [@ZacSussex](https://forum.mentalhealthlaw.co.uk/u/ZacSussex)\
**Post date:** [6 September 2023 23:56 UTC](https://forum.mentalhealthlaw.co.uk/t/when-does-supreme-court-decision-in-worcestershire-county-council-case-come-into-effect/1840/2 "2023-09-06T23:56:40Z")

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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).