View source for Poole Borough Council (06/B/7542) (2007) MHLO 2 (LGO)

{{Case
|Date=2007-09-05
|Court=Local Government Ombudsman
|Parties=Bournemouth and Poole Primary Care Trust, Poole Borough Council
|Sentence=Wrongful discharge from s117
|Summary=The council decided to discharge the patient from s117 when her husband/carer had a stroke and she had to move to a nursing home, simply because "the change of circumstance had come about as a result of the illness of her carer rather than her mental health needs". There was no assessment of her mental health needs and no multi-disciplinary meeting (despite the council's claims to the contrary). In the absence of a proper discharge process, the Council’s s117 funding responsibilities continued. The Ombudsman recommended that the council compensate the patient's son for the £33,455.58 care home fees.
|Detail===Report Summary (from report itself)==
<div class="perm">
===Facts===
Mr B Arnold, not his real name, complained that the Council failed to discharge a section 117 order properly in December 2000 in respect of his late mother, Mrs D Arnold.  The Ombudsman found that the Council failed to carry out a proper assessment of her mental health needs to establish that section 117 aftercare was no longer required.  It also failed to hold a multi-disciplinary meeting, in accordance with the Code of Practice, with the relevant  professionals, the patient and her carer or nearest relative to review the care plan. As a result of these failures Mr Arnold had to bear the full cost of care for his mother until she died in April 2002, amounting to £33,455.58.

===Finding===

Maladministration causing injustice.

===Recommended Remedy===

The Ombudsman recommends that the Council compensates Mr Arnold for the cost of the nursing home fees for his mother from 17 December 2000 until 17 April 2002 (£33,455.58), plus interest at the relevant County Court rate. 
</div>
|External links=*[[Media:06b07542.doc|Original Word document]]
*[[Media(2007) MHLO 2 (LGO).pdf|PDF]]
|Subject=After-care
|Judgment=(2007) MHLO 2 (LGO).pdf
|News=No
|RSS pubdate=2025-3-8 11:04:09 PM
}}