Thursday 2nd December 2021
The Defendant, the Secretary of State for Health and Social Care, appeals the order of Linden J dated 22 March 2021 by which he quashed the Defendant’s decision of 28 February 2020 on the grounds that it was erroneous in law.
The background of the matter is a dispute between two local authorities, Worcestershire County Council `WCC’ and Swindon Borough Council `SBC’, as to the ordinary residence of a service user, JG, and which of the two authorities is responsible for the provision to JG of services under section 117 of the Mental Health Act 1983 Act. D is given the function of determining that dispute under section 117(4) of the 1983 Act, read with section 40 of the Care Act 2014 and initially found that SBC was responsible but, following a review, reversed that decision, holding that WCC was responsible.
WCC, `C’, then brought a claim for judicial review, and Linden J quashed the decision and remitted it to D.