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Ordinary Residence

A local authority can recover the costs of providing services to a person 'ordinarily resident' in another local authority. Section 86 of the Social Work (Scotland) Act 1968 sets out the details. It covers accommodation and services provided under:

The Scottish Government's long established policy and guidance is that normally the local authority in which a person is ordinarily resident is financially responsible for the community care services for that person. Revised guidance on ordinary residence, set out in Circular CCD 3/2015 and Circular CCD3/2010, is accessible for relevant disputes:

Disputes between Local Authorities

If a dispute arises as to which local authority should pay for care, the local authorities concerned can apply to Scottish Ministers for a determination of ordinary residence, when all other attempts at resolving the dispute have failed.

A Memorandum of Understanding is in place setting out the arrangements for cross border determinations involving English and Scottish local authorities. If a Scottish local authority is trying to recover money from an English local authority then Scottish Ministers will make the decision, in full consultation with Department of Health:

There are three protocol templates available to download: