F was detained under section 3. Schizoaffective disorder. Two weeks before the end of section she was downgraded to section 2 and according to PALS final letter made an involuntary patient. No records have been released and I have escalated that to ICO, now have 29 days wait. She was discharged last June with ‘no concerns’ by the hospital; but family were concerned as they did not know who she was going to stay with or why. The discharge was to another LA, Z, where she had no connection except for someone she met online who said she could stay with him. Within six weeks she was hospitalised and then again three weeks later on a section 2. She was discharged to a hotel. At this stage she wanted to return to the area she was sectioned, LA X sent a SW to LA Z to assess her, but then through badgering we found out the LA X, said the neighbouring LA Y was ‘probably’ responsible for her. It seems that no LA was involved in a care plan or discharge plan, but without any documents we can’t tell. A PAPL was sent by our solicitor to LA Y, but they claim they have never heard of her and questioned loci. Recently She has attempted suicide and is currently awol. She lived for three months prior to section in area Y and is where she wants to be. The lack of documents is difficult, and means that if we wait for them we will be timed out for the JR. Should I just proceed with the JWT? The concern is that she will not receive special housing from JWT and it may take so long she may be dead. Also as I am only at tier one of council complaint so the JTW may take six months. No care coordinator was named at any stage, and the PALs final letter said that they felt she didn’t meet the threshold for special accommodation. The Final letter arrived end of November, so I need to make a decision soon. I have a solicitor but it is not free legal aid so a JR poses scary costs. How long can the JWT take and will they even have the power to give her the safety she needs? Any insight welcome.
It might be ignorance on my part, but I’m clueless as to what “JWT” means.
Your solicitor is best placed to advise you of your options. No one here will know your case better than the person that knows the case well enough to have already sent a Pre-Action Letter. They can advise you on the likelihood of success, adverse costs, and alternative options (if there are any given that JR is a “last resort” remedy).
I’m struggling with the chronology but maybe JWT is Joint Working Team. It’s mentioned here: Joint Working Manual - Local Government and Social Care Ombudsman.
The Local Government and Social Care Ombudsman (LGSCO) and the Parliamentary and Health Service Ombudsman (PHSO) are committed to working together where there is a strong overlap between health and social care issues. To help us achieve this, amendments made to primary legislation by the Regulatory Reform Order (2007) empower us to share information about individual cases, conduct joint investigations and issue joint decisions on cases. Since April 2015, the Joint Working Team (JWT) managed by LGSCO has handled all joint working (health and social care) complaints.
There is obviously some misunderstanding here as it is not possible to be ‘downgraded to a s2.’
I need updating of my knowledge-base. I wasn’t aware that it was possible to ‘downgrade’ a Section 3 to a Section 2. [I am well aware that it is possible to discharge a Section 3 and re-apply Section 2, which would be a rare thing to do].
I am grateful for assistance.
The term “informal” refers to the placement of a patient on Section 2 of the Mental Health Act. I’m sorry this was not made clearer in the response. XXX was moved from section 3 to section 2 and after which requested to be discharged.
From PALS Final letter.
It is not possible to move someone from s3 to s2 and also s2 does not equate to informal . It seems that your information here is completely incorrect
Are you maybe confusing s23 ( discharge of section) with s2?
Thanks Karen. That’s a quote from the PALS final letter closing the complaint. Having been on a section 3 for nearly 6 months the discharge was a sudden and as no care co-ordinator was ever made the RC just let her go to stay with someone she didn’t know. I thought it was unsafe, but Pals didn’t support that conclusion and said they were satisfied. I am still waiting for the care plan. That’s why I was considering a JR. PALs don’t have the power to send it to me only request it be released.
Well it is a bit concerning that PALS have not understood the law - maybe they did mean s23.
Reading between the lines I am wondering if this lady is diagnosed with a personality disorder rather than a mental illness. As NICE guidelines indicate that PD patients should only have short crisis admissions they are frequently discharged in the way you describe as hospitalisation can make their symptoms worse.
She has schizoaffective disorder, extreme end - for over 7 years. Within 6 weeks of discharge she was on a section 2 in new LA, and had at least one major suicide attempt. And two other psych hospitalisations. There was no response from discharging Hosiptal. She was homeless by now. The new LA where she so sent post discharge were only linked in after first ambulance was called. The ICM psychosis team were diligent but wanted her care to be continued in her original LA. Which she requested. LA where the discharging hospital was even sent a ASC to new LA to assess her. Informed family verbally that he would have specialist housing within the month, but then cut off communication saying she ways the neighbouring LA’s responsibility based on ordinary residence. This LA refuse to answer calls, emails or even respond to PAPL except to say they did not know who she was. She has constant voices talking to her and psychosis is evident most days, even with medication. And frankly dangerous.
But maybe they changed the diagnosis, to PD, though not medication, and that is what led to being made ‘informal’. A possibility I hadn’t considered, so thanks. It would explain a lot.
Without the release of records, showing care plan and any details, 4 months now-after request it is hard to know. I feel stonewalled. I am starting the JR route this month as the JWT/LGCO would take too long and I honestly believe she will be either dead or have seriously harmed someone if it takes too long.
The Principles in the Discharge Guidelines have all been broken. She’s also costing the NHS so much money through ambulances, A&E time, ward time, hotels post hospital release all paid by trusts, that I think the judge might just see the virtue of special accommodation. Yet it is possible I may be wrong, and without any docs legally foolish. I will keep you posted. Yet if the system as designed was working to her advantage she would be safe healthy and even content. I believe the Law make us civilised.
LOL!! I always knew that PALS in various forms were cloaked government agents. This proves it - for me anyway. 
I’m delighted that PALS is not running the country - or maybe they are based on the amount of chaos I’m seeing. 
PALs should be sacked. Oh but wait. I don’t run the NHS. Okay it’s fine - they can stay then.