S3 patient without capacity in a brain injury unit has physical illness requiring admission to the general hospital. Physical state is now such that returning to the hospital is not appropriate and a nursing placement needs to be found.
The detaining hospital are providing 2:1 support to manage challenging behavior but the CCG have told them to withdraw it on the basis the patient won’t return to the hospital and this will be picked up by the general hospital.
It seems the CCG is trying to exert pressure on the RC to discharge the s3 but there’s no placement, no appropriate s117 and absolutely no planning for a patient with a brain injury who has been in hospital for many years.
My thoughts are that so long as the RC doesn’t transfer the patient to their care under s19 then the patient can be protected for the time being.
Is anyone aware of anything that could allow the CCG to force discharge?
The same CCG previously tried to arrange a discharge to a generic nursing home (pre physical health concerns) but we coincidentally had an automatic Tribunal running at that time who helpfully found all of the criteria were met and such a discharge would be unacceptable.