Delayed transfer of care. Landmark Chambers, 'Delayed Transfer of Care leads to £100k legal bill for an ICB' (24/11/22)

— (1) The patient sought judicial review of NHS bodies, arguing that he had been stuck on a (non-psychiatric) ward for over eight months because they had failed to agree on a discharge plan (constantly seeking further assessments, disagreeing on funding, and lack of engagement from the out-of-area section 117 providers). (2) The main issue settled when the parties agreed process leading to a discharge plan, with the divisional Court ordering the ICB to pay the patient's legal costs estimated at more than £100,000. (3) The Court of Appeal granted permission for the patient's argument that, in the case of delayed discharge patient in hospital, the regulation 21 duty to assess for NHS Continuing Healthcare (CHC) is triggered and therefore following the "Discharge to Assess" model is unlawful; however, the issue did not have to be decided in this case because the ICB backed down.
Full details available at:,_%27Delayed_Transfer_of_Care_leads_to_%C2%A3100k_legal_bill_for_an_ICB%27_(24/11/22)?id=310123-1013