There is frequently a problem when it is planned to discharge the patient out of area and the receiving CMHT either refuse to accept the patient or refuse to provide a satisfactory care package. In a current case of mine the care co. found a placement about 70 miles away from the funding authority a…

The facts aren’t entirely different to R (K) v Camden and Islington Health Authority [2001] EWCA Civ 240 , in which the health authority had failed to find a suitable supervising psychiatrist following a deferred conditional discharge, but had used all reasonable endeavours and so had acted lawfully. …

Yes, thanks Jonathan. Obtaining a DCD is a major problem as the RC clings stubbornly to his opinion that he can’t say client is ready for discharge until he has had leave to discharge placement and , as yet , I have not had a tribunal who are prepared to be helpful. I think that the Camden case was …

Hi Karen I agree with Jonathan, i would look to obtain an independent social work expert. If that expert supports your client’s position that report can be provided to both the RA/LA (s.117 providers) and the FTT. You can invite the RA/LA to review their position in light of the independent expert’…

Also I am still unsure whether or not a CMHT does have responsibility to provide care where a patient is discharged into their area. If they do , under which provision ?

A patient becomes eligible for Sect 117 aftercare if they are detained under either sect 3,37,45a, 47 or 48 of the mental health act , the CCG responsible for funding 117 aftercare is the CCG in whose area the patient was ordinarily resident at the time of admission as described in… .Who Pays? D…

Thank You Len that is helpful however I am still confused. There seems to be a division in many Trusts between Health funding (I.e residential accommodation) - which they unquestionably pay under s117 -and social care (CMHT follow up ) which seemed to follow the patient, until recently. Previously…

Karen I said I believe funding should follow the patient , in certain cases of severe and enduring mental health problems were the patient requires complex aftercare and will probably need repeated readmissions , unfortunately there is no legislative provision for such a system . DAC Beachcroft h…

Thanks Len. The problem is that my Client needs intensive support from an assertive forensic team after discharge and the responsible authority say that they cannot provide this at a distance. He is only being discharged out of area because there is no suitable residential care in his locality. The…

one final thought occurs Karen , your client if he/she is FCS employed by NHS England their role( besides ensuring that inpatients receive the necessary treatments ) is to liase with community forensic teams and help to facilitate appropriate care pathways back into the community , as such they s…

Sorry I am not sure what FCS means?! He has an NHSE case manager who is actively engaged.

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