Integration and Identifying the Liable Authority Q&As

A person with s117 aftercare status and services but also getting services under a parallel Care Act care package, was refused a Decision Support Tool exercise for CHC eligibility purposes, on the footing that the ICB will only let that go forwards if a clinician states that there is no longer a risk of hospitalisation due to mental health issues. Can this possibly be right?

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If a clinician were to assess that a person was no longer at risk of hospitalisation due to mental health issues, the upshot would be that the person was no longer in need of the s.117 status, because both purposes of aftercare must still be needed for the status to be an entitlement. The entitlement […]

A person with s117 aftercare status and services but also getting services under a parallel Care Act care package, was refused a Decision Support Tool exercise for CHC eligibility purposes, on the footing that the ICB will only let that go forwards if a clinician states that there is no longer a risk of hospitalisation due to mental health issues. Can this possibly be right? Read More »

My partner gets a direct payment and needs support getting out of the house and into the community. He has been assessed for needing support to get out and about. He has a very important hospital appointment coming up soon for a biopsy, and he needs at least one PA to attend to assist him with his wheelchair transfers and also with communicating with the staff. We’ve been told by his social worker that we cannot use his direct payment to pay for this kind of support and if he needs help to attend health appointments, we have to get funding from the NHS. Is this true?

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Yes. The distinction is between getting ready to go to a hospital appointment, which is social care, and getting TO and being supported at the hospital appointment which is not. There is case law to support that distinction being drawn. The council is unlikely to know where the justification for that line is, though, so

My partner gets a direct payment and needs support getting out of the house and into the community. He has been assessed for needing support to get out and about. He has a very important hospital appointment coming up soon for a biopsy, and he needs at least one PA to attend to assist him with his wheelchair transfers and also with communicating with the staff. We’ve been told by his social worker that we cannot use his direct payment to pay for this kind of support and if he needs help to attend health appointments, we have to get funding from the NHS. Is this true? Read More »

Which particular authority is liable to provide (ie fund and arrange) s117 Mental Health Act aftercare services?

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The case law suggests that local authority and health authority where the client was ordinarily resident prior to admission are the relevant authorities fixed with the s117 after care duty; unless the condition of discharge requires residence in another area, when that other area will be fixed with the s117 duty. See >Mental Health Review

Which particular authority is liable to provide (ie fund and arrange) s117 Mental Health Act aftercare services? Read More »

What is the significance of mental capacity for the question of ordinary residence and identifying the right authority to ask for funding of care?

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Mental capacity, albeit very low levels thereof, is considered in the case law to be central to the notion of voluntariness, which is in turn part of the judges’ approach to the necessary features of having a place of ‘ordinary residence’. Without mental capacity and some minimal means of being able to communicate some minimal

What is the significance of mental capacity for the question of ordinary residence and identifying the right authority to ask for funding of care? Read More »

What is the ordinary residence of people re-settled out of long stay hospitals and whose care has been paid for by their Preserved Rights levels of benefit ever since?

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In law, those who were on preserved rights levels of benefits have always been regarded as having made their own contractual arrangements privately with the homes who took them on, even though usually it would have been facilitated by a social worker prior to 1993. Since it was a contract for necessaries, it did not

What is the ordinary residence of people re-settled out of long stay hospitals and whose care has been paid for by their Preserved Rights levels of benefit ever since? Read More »

Is the fact that someone still has a house somewhere, determinative of their ordinary residence?

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Definitely not. It is an indication, but no more, that the move may have been intended to be temporary, and must be weighed in the balance with all the information available to the authority. Take this example: a resident of authority A goes to visit her relatives in Authority B, leaving her jointly or singly

Is the fact that someone still has a house somewhere, determinative of their ordinary residence? Read More »

Can authorities agree between themselves the point at which people acquire and lose ordinary residence when they have moved from one place to another?

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No. The tendency of authorities to draw up such agreements between themselves, to streamline the passing over of responsibility for large numbers of people who may be regularly being moved from one authority to another, has never been scrutinised by the courts. However it has always been our firm view that such arrangements must be

Can authorities agree between themselves the point at which people acquire and lose ordinary residence when they have moved from one place to another? Read More »

Can an authority lawfully refuse to assess someone on the basis that they are not ordinarily resident in that authority’s area?

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The answer is clearly No, because there are several community care services which are able to be lawfully provided (ie money spent on them) regardless of whether the person is ordinarily resident or not- and the duty to assess depends on the appearance of possible need for any community care service it is lawful to

Can an authority lawfully refuse to assess someone on the basis that they are not ordinarily resident in that authority’s area? Read More »

Can a local authority refuse to assess someone on the basis that they are not ordinarily resident in that authority’s area?

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The answer is clearly No, because there are several community care services which are able to be lawfully provided (ie money spent on them) regardless of whether the person is ordinarily resident or not. (See the topic of ordinary residence) – and the duty to assess depends on the appearance of possible need for any

Can a local authority refuse to assess someone on the basis that they are not ordinarily resident in that authority’s area? Read More »