M, R (on the application of) v London Borough of Hammersmith and Fulham & Anor

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Mr T Fisher (instructed by Messrs John D Sellars & Co solicitors) appeared on behalf of JM Mr P Green and Ms K Donnelly (instructed by Hertfordshire County Council) appeared on behalf of Hertfordshire County Council Ms Fenella Morris (instructed by London Borough of Hammersmith and Fulham) appeared on behalf of the 1st Defendant Ms G Ward and Mr J Dove (instructed by the London Borough of Sutton) appeared on behalf of the 2nd Defendant ____________________

Section 24 identifies the persons in respect of whom that power may be exercised:

When he considered the difference, if any, between the two concepts of residence and ordinary residence, he said this:

At page 344B to D, he drew a distinction between ordinary residence voluntarily adopted and enforced presence by reason of kidnapping, imprisonment or such like which was not ordinary residence. He went on, at page 349, to observe that an authority required to determine whether an individual was ordinarily resident within its area was not required to determine where his "real home" was nor to discover his long term future intentions.