[This post has been removed on request, but involved a patient “X” who used to be cared for by his spouse but who recently separated and cannot return home. The questions involved how to argue that supported living accommodation is now needed, and the relevance of home-ownership to s117 eligibility.]
These are immensely complex issues and you really need the assistance of an experienced MH lawyer. These issues could and should be raised and debated in a Tribunal. Either X or the nearest relative could seek free advice about the best way to proceed.
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Agree with the previous response that these are complex issues which cannot be adequately responded to on this forum, but to add that a Tribunal won’t have any authority to make decisions regarding s117 aftercare. The Tribunal only considers whether or not to continue detention (or other restrictions under the MHA).
Sounds like there are two issues at play here. On the one hand, the local authority cannot lawfully argue that they will not provide necessary s117 aftercare because a person has sufficient assets (financial or bricks-and-mortar), but on the other hand there may be a dispute regarding whether or not the person does in fact need supported accommodation (sometimes referred to unofficially as “accommodation plus”) to avoid the risk of readmission. This would be a difference of opinion regarding the person’s actual level of needs for aftercare, and is much more of a nuanced issue.
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[This post has been removed on request, but it added that X also has multiple physical health needs, and that the social worker was conducting a needs assessment.]
This is indeed complex and I think it’s important to get some face-to-face advice from a professional advocate or a solicitor with mental health expertise.
You are right that needs arising from the person’s mental disorder will come under section 117 aftercare, and therefore cannot be charged for, but physical needs, which are not related to the mental disorder, will not be covered by s117 and will come within the remit of a Care Act assessment (for which there are specific eligibility criteria), and any services which are provided to address those needs will be charged through a means test.
It’s not always simple separating out services for mental health and physical needs. Sometimes the differentiation is straightforward but not always. However, any care plan which is drawn up for the person should be explicit in setting out which supports are being provided under s117 and which are being provided under other legislation (I haven’t even mentioned Continuing Health Care, which applies to the most complex physical health care and is assessed by the NHS)
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Make sure you have a letter from your father saying you may act on his behalf. Copy this into every line of enquiry you start.
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It is important to start the complaints procedure with PALS. Do this via email on line. screen shot/copy everything. Phone calls are pointless and time wasting, if you can get through. The sooner you do this the quicker you can move or use the law. This will mean stating why you feel the named care coordinator has not achieved an adequate outcome for your father.
Have you a copy of his care plan with dates and details? If not request it. If you do ask for supporting documentation. Get the names and dates. They have a month to give you this or mark it complex which gives them an additional two months.
3. Use names of nurses, RCs doctors and especially social workers and council individuals. Log the time of each phone call and write down what you recall being said. Then ask of an email to confirm this recollection. Always ask for an email address.
Request all records and follow up if you have not received them in a month. In emails always ask for a reply and follow up in accordance with the regulations. If they attach an ‘if you are not satisfied’ form or leaflet or link, follow that. This will happen, so don’t be disheartened, they want you to go away so don’t see it as a ladder not a snake.
4. You will need a final letter from PALS before you can proceed, don’t give up - keep pushing through the list of ‘next steps’ with ICB, once you have their email and details.
5. Pay a solicitor to help you. If this is too expensive try legal aid, but it is probably near impossible to find one with time and energy to take you on. Filling in solicitors forms will clarify things and give you an idea how to structure things so think of it as a lesson and a request. Try though with free legal aid , someone must win the lotto, and the best of luck! Then do the work yourself. AI helps- remember having got hope from AI then type in what are the other side’s arguments? Follow all online advice, this forum is excellent. Don’t just ask questions - read and see what law applies to your father. This will be clearer for you and anyone who can help. The aim is to find a specific point of law to make them act.
4. When you see any phrases (LA, care plan or whoever use), that are dodgy or unspecific i.e. informal patient, Accommodation Plus, ask for THEIR definition as it is used by the local authority (LA) or whoever used it.
5. Use ambulances if you need to - DO NOT FEEL GUILTY - you didn’t make A&E the point of entry to the system.
Best of luck,
Doris
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Thank you Steve and Doris for your helpful and thoughtful replies. I have been searching for a solicitor to take on the case but haven’t yet found anyone suitable yet or anyone who has the capacity to take this on. Many firms seem to be at capacity with mental health related cases. I will keep searching.
Although the tribunal have no direct power in respect of making s117 orders it should be your first port of call as much can be achieved with a good MH solicitor and a helpful panel. And it is free.
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