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Contents

1. Ordinary Residence Definition
2. Care Proceedings
3. Accommodated Children
4. Children in Need
5. Young People Ages 16/17
6. Disputes with other Authorities

1. Ordinary Residence Definition

The “ordinary residence” of a child is a legal term describing where a child or young person usually resides, or if under 16, where those with Parental Responsibility reside.

Ordinary residence refers to a person’s abode in a particular place or country, which he or she has adopted voluntarily and for settled purposes as part of the regular order of his or her life for the time being, whether of short or long duration.

The underlying principle of ordinary residence is that if we place a child who we look after in the area of another authority, we remain responsible. Periods spent in schools and other institutions do not count towards ordinary residence during this placement. However, if the ordinary residence of the child’s parent changes, then the ordinary residence of the child will usually change too and the responsibility for the child will transfer to the local authority for the parent’s new place of residence, unless Enfield has been designated as the responsible local authority under a Care Order - see Section 2, Care Proceedings.

2. Care Proceedings

If we commence Care Proceedings, an order can only be made to the authority where the child is ordinarily resident.

We remain responsible whilst the Care Proceedings are continuing even if the child’s ordinary residence changes during this time. The Care Plan should be discussed with the local authority where the child has moved and if a Care Order is made at the final hearing the court will determine which local authority should be designated (under Section 31(8) of the Children Act 1989). This may be a different local authority if the ordinary residence of the child has changed during the course of the Care Proceedings. In these circumstances an early application should be made to disclose the documents in the case to the “new” local authority so that full and early liaison can take place with them. A representative of the “new” local authority should be invited to the final hearing.

In Northamptonshire County Council v Islington LBC (1999) and C (a child) v Plymouth City Council (2000), the Court of Appeal gave authoritative guidance on the test to be applied when determining which local authority is to be designated under Section 31(8) of the Children Act 1989.

The principles are;

1. The first question to be determined is the ordinary residence of the child
2. When determining this, the court must disregard any time that the child has been accommodated by the local authority (described as the “clock stop approach”)
3. The clock stop approach does not apply where the child is living with a parent, relative or friend or a person connected to the child or where there are exceptional circumstances to justify looking at the history during the period that the child has been accommodated by the local authority
4. If after having carried out this analysis the court concludes that the child is not ordinarily resident in any local authority area, the court must determine the designated authority as the local authority within whose area where the circumstances arose in consequence of which the Care Order is being made
5. The test to be applied in determining where the circumstances arose in consequence of which the Care Order is being made, the court must consider the primary circumstances that carry the case across the Section 31 threshold. At this point there is no consideration of exceptional circumstances or of intervening events

The facts of the case illustrate how the court may apply these tests.

The circumstances were that a mother spent much of her early life and adulthood in the area of Local Authority A. Care Proceedings brought by Local Authority A resulted in Care Orders made in relation to the mother’s older children. The mother then moved to be with a partner in Local Authority B. She was there for a number of months. She then offended and received a custodial sentence and was placed in a prison in the area of Local Authority C. She gave birth to a child while in prison and was refused admission to the prison’s mother and baby unit because of her history. The child was accommodated by Local Authority C soon after birth. The mother stated that she did not intend to live in the area of Local Authority B on leaving prison.

The Court decided that the mother had not established ordinary residence in Local Authority C as she had been involuntarily held there. It was acknowledged that the mother had spent long enough to establish ordinary residence in the area of Local Authority B and the court decided, on the facts of the case, that the mother had not brought that status to an end by her expressions of intent not to return to live there.

By way of extra comment, had it been impossible to establish ordinary residence, the court considered that the circumstances in consequence of which an order might be made arose in the area of Local Authority A.

If another authority approaches us to supervise a Care Order or Supervision Order on their behalf because the child has moved to or been placed in Enfield we should always assess to ensure the child’s welfare is protected. The relevant Service Manager is responsible for deciding if we should take supervisory responsibility. Full costs of supporting the placement should fall to the authority where the Care or Supervision Order was made. An understanding of financial responsibility should be agreed as part of the arrangements (this should always be confirmed in writing). In these circumstances, the local authority designated in a Care Order will not change.

3. Accommodated Children

Where a child who ordinarily resides in another local authority, is Accommodated by Enfield we should contact the child’s local authority with a view to ensuring the welfare of the child is safeguarded, i.e. discuss with them whether the child should return to and/or be accommodated by that authority.

We should also ensure that the local authority where the child ordinarily resides pays reasonable expenses towards the provision of accommodation and maintenance whilst the child is in Enfield.

4. Children in Need

There are sometimes cases where families are ordinarily resident in another authority and temporarily move to Enfield. In some of these cases children have no ordinary residence status, e.g. refugees - and we become the responsible authority. It will depend on the circumstances as to whether Enfield should accept responsibility and the definition of ‘ordinary residence’ in Section 1, Definition should be used.

5. Young People Ages 16/17

Young people over 16 have ordinary residence in their own right. Therefore, if a young person is referred who comes from elsewhere in the country, they must be assessed to ensure that their welfare is safeguarded and promoted.

If they are Accommodated in and by Enfield because of their immediate needs, then we should approach the local authority where they previously lived to provide expenses towards their accommodation and maintenance.

6. Disputes with other Authorities

There are provisions under section 30 of the Children Act 1989 to resolve disputes between authorities. Legal Services in Enfield will offer advice on particular cases.

End