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Durham County Council (24 001 522) [2025] MHLO 4 (LGSCO)

Wrongful discharge from s117 Ombudsman's summary: "Mr X complained he was incorrectly discharged from Section 117 aftercare. We found the Trust, the Council and the ICB did not follow the relevant guidance when discharging Mr X from Section 117 aftercare. This caused uncertainty to Mr X over whether he should have received additional mental health support in the period that followed, and whether this may have prevented his health from deteriorating. The Trust, Council and ICB agreed to provide a remedy to Mr X by reassessing his Section 117 needs, and making service improvements."

Notes

Maybe from a legal point of view he never was discharged from s117 as the Trust had taken the decision unilaterally without local authority involvement. That would make sense of the suggestion that on review the patient might remain on s117 or be discharged.

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Full judgment: No Bailii link (neutral citation is unknown or not applicable)

Subject(s):

Date: 15/1/25🔍

Court: Local Government and Social Care Ombudsman🔍

Parties:

  • Durham County Council🔍
  • Tees Esk & Wear Valley NHS Foundation Trust🔍
  • NHS North East and North Cumbria ICB🔍

Citation number(s):

What links here:

Published: 7/3/25 11:16

Cached: 2025-04-25 21:02:59