How NHS services and Continuing NHS Health Care fit in with the Care Act Archives - Centre for Adults' Social Care - Analysis, Information and Dispute Resolution

Trafford Council omitted key details from a reablement request, after an NHS hospital discharge process and rehab stay, and failed to ensure commissioned carers were competent and additionally failing to co-operate on a subsequent complaint, with the Health Trust involved, citing ‘differing professional opinions of the complaint parameters’…

Date of decision: 07 July 2025 SummaryThis was a complaint about serious failings in a Trafford Council‑commissioned care package for an elderly woman discharged from intermediate care. Errors in information sharing, equipment training and handling by both the Council and NHS Trust caused risk of injury, financial loss, and lasting uncertainty. What happened In July […]

Trafford Council omitted key details from a reablement request, after an NHS hospital discharge process and rehab stay, and failed to ensure commissioned carers were competent and additionally failing to co-operate on a subsequent complaint, with the Health Trust involved, citing ‘differing professional opinions of the complaint parameters’… Read More »

Cheshire East Council at fault for delaying to provide clear information regarding financial assessments

Leave a Comment / Delay and non-commissioning, Delay In General LGO, Hospital LGO, How NHS services and Continuing NHS Health Care fit in with the Care Act, Intro to Ombudsman reports RE Delay in General, Intro to Ombudsman reports RE Hospital and CHC / Aidan Miller

Date of decision: 19 March 2026 Summary An older man left hospital for a short‑term residential reablement placement, but ended up staying around five months while the Council delayed essential occupational therapy input and failed to give clear, specific and timely information about when his care would start to be chargeable and what he was

Cheshire East Council at fault for delaying to provide clear information regarding financial assessments Read More »

Norfolk County Council responsible for hospital discharge and reablement care failures

Leave a Comment / Covid Related Reports LGO, Failings to Assess, Reassess, Review LGO, General rules about changing the content or value of a care or a support plan based on the Care Act case law, Hospital LGO, How NHS services and Continuing NHS Health Care fit in with the Care Act, Intro to Ombudsman reports RE Failings to Assess, Reassess, Review, Intro to Ombudsman reports RE Hospital and CHC, Intro to Ombudsman reports RE the impact of Covid, Reviews and Revisions (cuts or changes to content) / Aidan Miller

Date of decision: 26 March 2026 SummaryMrs X, an elderly woman in her 90s, was discharged from hospital after a hip fracture to a Council-run residential reablement unit, where her care planning and delivery and communication fell below required standards. Mrs X and her daughter, Mrs Y, experienced avoidable frustration, uncertainty and distress, including delays

Norfolk County Council responsible for hospital discharge and reablement care failures Read More »

North Yorkshire Council wrongly charges for intermediate care and reablement

Leave a Comment / Hospital LGO, How NHS services and Continuing NHS Health Care fit in with the Care Act, Intro to Ombudsman reports RE Hospital and CHC / Aidan Miller

Date of decision: 26 March 2026 SummaryAn adult son complained that the Council failed to warn the family that his mother’s home care, arranged on discharge from hospital, would be chargeable from the very first day. The family had repeatedly been led to expect six weeks of free intermediate or reablement care and received no

North Yorkshire Council wrongly charges for intermediate care and reablement Read More »

Leicestershire County Council fails to follow complaints procedure regulations with queries over suitability of a Care Home placement

Leave a Comment / Complaints System and the Ombudsmen, Council's Complaint Procedure LGO, Hospital LGO, How NHS services and Continuing NHS Health Care fit in with the Care Act, Intro to Ombudsman reports RE 'Fault' in the context of how councils run complaints internally, Intro to Ombudsman reports RE Hospital and CHC / Aidan Miller

Date of decision: 01 July 2025 SummaryA poorly planned discharge of a vulnerable adult from hospital into an unsuitable care home, involving poor communication and co-ordination by the Council and NHS Trust with a focus on poor updating of the plan as things moved on. What happenedIn February 2023, an adult patient was admitted to

Leicestershire County Council fails to follow complaints procedure regulations with queries over suitability of a Care Home placement Read More »

R (GVH) v Leicester, Leicestershire and Rutland ICB and Leicester City Council

Leave a Comment / Care and Health Law Cases, How Children's Services fit in with the Care Act (and transitioning from Children's Services, How NHS services and Continuing NHS Health Care fit in with the Care Act / Aidan Miller

This particular case is explicitly about a child/young person, and the judgment itself is working within the children’s continuing care framework, not adult CHC. The claimant is described as “aged 17 and … very significantly disabled”, with quadriplegic cerebral palsy and global developmental delay. The decision under challenge was made by the “High Risk and

R (GVH) v Leicester, Leicestershire and Rutland ICB and Leicester City Council Read More »

Gloucestershire County Council castigated for poor liaison and communication during hospital discharge of a very frail elderly woman

Leave a Comment / Care Planning, Budgets and Choice Rights, Care Plans and Cuts LGO, Hospital LGO, How NHS services and Continuing NHS Health Care fit in with the Care Act, Intro to Ombudsman reports RE care planning, and personal budgets, Intro to Ombudsman reports RE Hospital and CHC / Aidan Miller

Date of decision: 19 March 2026 SummaryA daughter complained about how her elderly mother’s discharge from hospital was handled and then explained to her, after a fall and surgery had left the mother severely frail, and no longer able to decide on her own care. What happenedIn November 2024, a 101‑year‑old woman, Mrs B, fell

Gloucestershire County Council castigated for poor liaison and communication during hospital discharge of a very frail elderly woman Read More »

Care Concern Limited found at fault for ambiguous contract terms on Funded Nursing Care payments and failure to clarify funding position with the ICB

Leave a Comment / Continuing NHS Healthcare LGO, How NHS services and Continuing NHS Health Care fit in with the Care Act, Intro to Ombudsman reports RE NHS continuing Healthcare for adults, Intro to Ombudsman reports RE Providers' 'Fault', Issues of importance to social care service providers, Providers' Fault LGO / Aidan Miller

Date of decision: 06 February 2026 Summary A daughter (Mrs Y) complained that a care home run by the Care Provider charged her father (Mr X) the full residential fee without clearly explaining how NHS Funded Nursing Care (FNC) would be treated in his contract, leaving Mrs Y frustrated and confused about who was paying

Care Concern Limited found at fault for ambiguous contract terms on Funded Nursing Care payments and failure to clarify funding position with the ICB Read More »

Surrey County Council criticised for operation of a hospital discharge pathway system

Leave a Comment / Advocacy LGO, Advocacy, Involvement, Participation, Information rights and Consultation, Assessment and Eligibility, Eligibility Findings LGO, Hospital LGO, How NHS services and Continuing NHS Health Care fit in with the Care Act, Intro to Ombudsman reports RE Advocacy, Involvement, Information sharing and Consultation, Intro to Ombudsman reports RE Councils' identification of needs and eligibility for funding or services, Intro to Ombudsman reports RE Hospital and CHC / Aidan Miller

Date of decision: 05 February 2026 SummaryA daughter complained that the Council did not fund her elderly father’s first six weeks in a nursing home under the Discharge to Assess pathway after hospital discharge, then handled her concerns about eligibility and charging with confusing, contradictory explanations. The Council’s own records alternated between describing the placement

Surrey County Council criticised for operation of a hospital discharge pathway system Read More »

Bolton MBC’s conversations-based approach failed to involve a carer in hospital discharge planning, care at home or care costs

Date of decision: 06 February 2026 SummaryA daughter complained the Council did not properly support her or her father around his hospital discharge, longer-term care planning and respite options, leaving him without suitable care at home and her carrying the burden as his unpaid carer. The Council failed to involve her in planning, did not

Bolton MBC’s conversations-based approach failed to involve a carer in hospital discharge planning, care at home or care costs Read More »