Introduction
Section 86 of the Social Work (Scotland) Act 1968 sets out the circumstances in which a local authority can recover the costs of providing services to a person 'ordinarily resident' in another local authority. Section 86 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. Guidance on ordinary residence is set out in Circular SWSG 1/96.
A review of Circular 1/96 began some time ago in order to address local authority requests for improved clarity to reduce the scope for disputes between local authorities, which are costly and time consuming to resolve. A working group has been set up to take forward the development of regulations and revised guidance. The related papers can be accessed from the working group page.
The Scottish Government consulted on guidance for Scottish local authorities on determining ordinary residence with a view to recovering expenditure under section 86 of the Social Work (Scotland) Act 1968 and related regulations in relation to the provision of accommodation, services or facilities to persons not ordinarily resident in their area. The consultation closed on Monday 19th January 2009. Responses have been analysed and further work on the revised guidance is ongoing.
Further information
Is available from: Jan Raitt, Primary and Community Care Directorate, Community Care Division, 2ER, St Andrew's House, Edinburgh EH1 3DG (tel: 0131 244 3506 email: jan.raitt@scotland.gsi.gov.uk ).