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LGO decision: Bath and North East Somerset Council 06/B/16774 (12/12/07)

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Duties under s117.

Contents

Report summary (from report itself)

Subject

Mrs Fletcher (not her real name for legal reasons) was discharged from hospital following a period of detention under Section 3 of the Mental Health Act 1983. Initially the Council funded her aftercare in a residential care home under Section 117 of the Act. But following a review of her case the Council determined that Mrs Fletcher no longer needed aftercare and so could be discharged from Section 117.

The Ombudsman found that the discharge criteria applied by the Council were seriously flawed and its decision about Mrs Fletcher’s continuing need for aftercare was, therefore, unsafe.

Finding

Maladministration causing injustice, remedy agreed.

Recommended remedy

Council agreed to:

  • Review its Section 117 discharge criteria with the assistance of external legal advice and reassess Mrs Fletcher’s need for continuing aftercare services on completion of that review.
  • Pay Mrs Fletcher’s residential care costs until such time as a new review properly determines whether she needs aftercare services under Section 117.
  • Pay Mrs Fletcher’s family compensation of £250.

External links

LGO website - summaries of adult care services reports

Media:06b16774.doc - local copy of full report (not available on LGO website)