Ordinary Residence Disputes | CA 1989 s. 30
CA 1989 s. 30 sets out how local authorities resolve ordinary residence disputes for looked-after children, by agreement or Secretary of State determination.
Nothing in this Part shall affect any duty imposed on a local authority by or under any other enactment. Any question arising under section 20(2), 21(3) or 29(7) to (9) as to the ordinary residence of a child shall be determined by agreement between the local authorities concerned or, in default of agreement, by the Secretary of State but see subsection (2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Any question arising as to whether a child is ordinarily resident— in the area of a local authority under section 20(2), 21(3) or 29(7) to (9), or in the area of a local authority in Wales under section 76(2), 77(4) or (5), or 193(3) to (6) of the Social Services and Well-being (Wales) Act 2014, shall be determined by the local authority and local authority in Wales concerned, or in default of agreement, by the Secretary of State. The Secretary of State must consult the Welsh Ministers before making a determination under subsection (2C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Secretary of State may make regulations for determining, as respects any education functions specified in the regulations, whether a child who is being looked after by a local authority is to be treated, for purposes so specified, as a child of parents of sufficient resources or as a child of parents without resources.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 30 clarifies that duties imposed on a local authority under other legislation are not affected by this Part of the Children Act 1989. It provides a legal procedure for resolving disagreements between local authorities regarding where a child is ordinarily resident.
When local authorities in England or Wales dispute a child's ordinary residence, the authorities must attempt to settle the question by agreement. If they fail to agree, the question is determined by the Secretary of State, who must consult Welsh Ministers if a Welsh local authority is involved.
The section also allows the Secretary of State to make regulations concerning specified education functions. These regulations determine whether a child looked after by a local authority is treated as having parents with sufficient financial resources or without resources.
When it applies
- Local authorities disagreeing over which council area a child is ordinarily resident in for accommodation funding.
- An English local authority and a Welsh local authority disputing responsibility for a child under care provisions.
- Determining parental resource status for a looked-after child in relation to specified education regulations.
What this section does not say
- Deciding parental responsibility disputes between individuals, which is covered under section 3.
- Recouping accommodation costs directly between local authorities, which is governed by section 29.
- Determining court powers in care order proceedings, which falls under section 31.
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This page reproduces the text of CA 1989 s. 30 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.