Bath and North East Somerset Council (06/B/16774) [2007] MHLO 1 (LGO)

Maladministration in s117 discharge policy Extract from decision: "In these circumstances, it is clear that the Council’s criteria for discharging people from Section 117 aftercare are maladministrative. Whether or not a person is ‘settled in a nursing or residential home’ is an irrelevant consideration. The key question must be, would removal of this person (settled or not) from this nursing or residential home mean that she is at risk of readmission to hospital. If the answer is yes then the person cannot be discharged from aftercare. ... The practical effect of the Council’s criteria is to remove long term nursing or residential home accommodation from the definition of aftercare services. If that were to remain the position, the Council’s criteria would allow it to avoid its public responsibilities under Section 117 of the Mental Health Act 1983. ... The Council has applied its current discharge criteria to a number of other cases."

Report summary (from report itself)

Subject

Mrs Fletcher (not her real name for legal reasons) was discharged from hospital following a period of detention under Section 3 of the Mental Health Act 1983. Initially the Council funded her aftercare in a residential care home under Section 117 of the Act. But following a review of her case the Council determined that Mrs Fletcher no longer needed aftercare and so could be discharged from Section 117.

The Ombudsman found that the discharge criteria applied by the Council were seriously flawed and its decision about Mrs Fletcher’s continuing need for aftercare was, therefore, unsafe.

Finding

Maladministration causing injustice, remedy agreed.

Recommended remedy

Council agreed to:

• Review its Section 117 discharge criteria with the assistance of external legal advice and reassess Mrs Fletcher’s need for continuing aftercare services on completion of that review.
• Pay Mrs Fletcher’s residential care costs until such time as a new review properly determines whether she needs aftercare services under Section 117.
• Pay Mrs Fletcher’s family compensation of £250.

External links

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Subject(s):

• After-care🔍

Date: 12/12/07🔍

Court: Local Government Ombudsman🔍

Parties:

• Bath and North East Somerset Council🔍

Citation number(s):

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• Cases per year

Published: 31/7/08 12:14

Cached: 2025-04-25 17:15:28