After funding under s117.
Mr Conrad (not his real name for legal reasons) was detained in hospital under Section 3 of the Mental Health Act 1983. When he was discharged in 2000 he required aftercare under Section 117 of the Act. Because he was discharged to a specialist care facility outside its area, Medway Council refused to meet the cost of Mr Conrad’s aftercare. Wigan Council, in whose area Mr Conrad lived following his discharge, also declined to pay for his aftercare on grounds that he had previously lived in Medway and because it was not party to his placement. As a result Mr Conrad had to fund his own aftercare for a prolonged period and incurred legal costs in pursuit of his complaints against the Councils.
The Ombudsman considered that Mr Conrad was ‘ordinarily resident’ in Medway at the time of his compulsory admission and so found that Medway Council rather than Wigan Council was the authority responsible for funding his aftercare.
Maladministration by Medway Council, causing injustice. No maladministration by Wigan Council.
That Medway Council should:
LGO website - summaries of adult care services reports
Full report (not available on LGO website)