Poole Borough Council (06/B/7542) [2007] MHLO 2 (LGO)

Wrongful discharge from s117 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.

Report Summary (from report itself)

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.

External links

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Subject(s):

• After-care🔍

Date: 5/9/07🔍

Court: Local Government Ombudsman🔍

Parties:

• Bournemouth and Poole Primary Care Trust🔍
• Poole Borough Council🔍

Citation number(s):

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Published: 21/8/08 14:27

Cached: 2025-04-02 16:35:03