The Carers (Scotland) Act was passed by the Scottish Parliament on 5th February 2016. Royal assent is awaited. We have frequently reported on issues of ordinary residence, differences in the approach to ordinary residence as between England and Wales on the one hand and Scotland on the other, and differences between ordinary residences and other concepts, such as habitual residence. See most recently our commentary on Milton Keynes Council v Scottish Ministers in the December 2015 newsletter.
It was a matter of criticism of the Carers (Scotland) Bill as introduced that it was proposed that assessments of carer’s needs should be carried out by the local authority of the carer’s ordinary residence, even when that was different from the ordinary residence of the person cared for. We are pleased to report that under the Act as passed the “responsible local authority”, that is to say the authority responsible for preparing and Adult Carer Support Plan, means “the local authority for the area in which the cared for person resides.”