My own experience of Section 117 aftercare for a relative is different from yours, but I have had several years of dealing with disputes with the authorities about S117 responsibilities. One thing I have learned is that it is important to get everything clearly stated in writing and not allow matters to remain indefinitely at the stage of “we are looking into it”.
One action you could take right now is to make Subject Access Requests (SARs). I would do three: to the Council, NHS Trust and ICB. There should be instructions on each organisation’s website explaining how to make one.
I would ask for your personal data relating to your S117 aftercare, discharge arrangements, supported accommodation and its funding. In particular, I would specify communications between the Council, Trust, ICB and accommodation provider, together with relevant internal emails, meeting notes, case notes, funding-panel records and management discussions concerning you.
You would not necessarily be entitled to every document in its entirety, particularly where it contains information about other people, but a SAR should enable you to discover a great deal about what the organisations have actually been saying and deciding about you behind the scenes. They normally have one calendar month to respond, although in some circumstances this can be extended.
Other information that might be useful is the organisations’ Section 117 policy. This may already be available on their websites. If not, you could make Freedom of Information requests for the relevant policies and procedures.
My experience has been that even where an S117 policy exists, it is not necessarily followed or understood by everyone involved. Some staff may primarily work under Care Act procedures and have relatively little practical experience of Section 117.
I would particularly look at what the local S117 policy says about reviews, responsibility for arranging them, who should attend and how frequently they should take place. Current national guidance expects S117 aftercare to be regularly reviewed jointly by health and social care and at least within each 12-month period. A local policy may provide for an earlier review, particularly following discharge or where circumstances change.
The situation is similar with complaints. Have you actually made a FORMAL complaint?
Each organisation should have information about its complaints procedure on its website. An email to an individual social worker or care coordinator may be treated simply as correspondence or an enquiry rather than being logged and investigated as a formal complaint. I would therefore make it absolutely clear that you are making a formal complaint and ask for the complaint reference number and confirmation of the procedure and timescale that will apply.
As your complaint appears to involve both NHS and local-authority responsibilities, I would also ask them to deal with it as a coordinated health and social care complaint rather than allowing the different organisations simply to refer responsibility to one another.
A formal complaint also establishes the route to the Ombudsman. Once you have received the organisations’ final response, if you remain dissatisfied you can normally take the social-care/local-authority aspects to the Local Government and Social Care Ombudsman and the NHS aspects to the Parliamentary and Health Service Ombudsman. Where a complaint involves both health and social care, the Ombudsmen can also cooperate in considering it.
I would not delay once you have reached that stage. Ombudsman investigations can take a considerable time, particularly where there are years of records and correspondence to consider. Where fault has caused a financial loss, an Ombudsman’s remedy can potentially include reimbursement of charges which should not have been paid and, where appropriate, an additional financial remedy.
Most importantly, keep copies of everything and establish a written audit trail. If someone tells you something important in a meeting or telephone call, follow it up by email so that there is a record of what was said.
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