Hospital Discharge Q&As

In the event that a young person approaching 18 years of age has a Care Act assessment for social care needs by the local authority, as part of the transition process between children’s and adult services and then is found to qualify fo Adult NHS Continuing Health Care, is the local authority no longer responsible for providing any aspect of the person’s care, and is the Integrated Health Board responsible for providing the care described in the Care Act Assessment?

The existence of eligibility for Adults CHC means that the council is not allowed to provide anything the NHS is required to provide (s23 of the Care Act says that) and that means the package that the person gets is the one that the NHS thinks is appropriate.  Public law principles require that the responsible […]

In the event that a young person approaching 18 years of age has a Care Act assessment for social care needs by the local authority, as part of the transition process between children’s and adult services and then is found to qualify fo Adult NHS Continuing Health Care, is the local authority no longer responsible for providing any aspect of the person’s care, and is the Integrated Health Board responsible for providing the care described in the Care Act Assessment? Read More »

What are the benefits consequences of a decision that a patient qualifies for continuing care as opposed to free nursing care, in a nursing home, on discharge from hospital?

If a person qualifies for continuing care, the Health Authority is now enjoined by guidance to pay for the whole package of care, and the person will eventually have their benefit changed to the hospital rate of benefit, which leaves them with less than the Personal Expenses Allowance in their hands, because everything else is

What are the benefits consequences of a decision that a patient qualifies for continuing care as opposed to free nursing care, in a nursing home, on discharge from hospital? Read More »

Tribunals

Mental Health Review tribunals sit to hear applications for discharge from hospital when hospital managers are unwilling to discharge those who have been detained, back into the community. They have wide powers to decide whether someone is still suffering from a mental illness or not, and whether they should be absolutely or conditionally discharged from

Tribunals Read More »