Good morning,
Has anyone ever heard of a rule/law/caselaw that states that the default position on funding for a section 117 patient is default to 50% 50% please? I do not see the point of assessments if this is the case? I have never heard of it but it is being touted around the location I work in and wondered what peoples’ experiences are?
Many thanks
I’m in the library today and, skimming through David Lock, Leon Glenister and Hannah Gibbs, NHS Law and Practice (2nd edn, LAG 2024), noticed this at para 13.115:
There is no guidance which explains how the cost of providing aftercare services should be shared between a local authority and an ICB.
A footnote states: “As far as the authors are aware.”
It then sets out three ways in which the bodies could form agreements, and a fourth point states that in the absence of agreement on some or all of a patient’s s117 costs “the default position would be a 50/50 liability”, and further that one body could seek restitution from the other following the principles in Surrey County Council v NHS Lincolnshire CCG [2020] EWHC 3550 (QB).
1 Like
Thank you for this…
As I mentioned, it has come from nowhere to almost becoming the rule in Wrexham.
I was unconvinced to be honest.
Thank you again
Mark A Jones
Mental Health Practitioner