Redbridge London Borough, ex parte East Sussex County Council [1993] COD 256 (QBD)

Ordinary residence – residential accommodation – s21 National Assistance Act 1948

This was a dispute between two local authorities about the ordinary residence of two autistic twins and which authority had responsibility for making arrangements for them under s21 National Assistance Act 1948. Their parental home had been in Redbridge, but they had attended a boarding school in East Sussex. The dispute arose when the school closed down, after the parents sold their home and returned to Nigeria.

The court ruled that East Sussex was the responsible authority: for the purposes of the National Assistance Act 1948 & the National Health Services Act 1977, the children were ordinarily resident in their parents’ home in Redbridge until their parents sold it and moved back to Nigeria. They did not remain ordinarily resident in Redbridge after their parents left.

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