Fennell, Letts and Wilson, Mental Health Tribunals (Law Society 2013):
Foreword | Review | Amazon | Law Society bookshop | 20% discount

Email updates | Email discussion list | Twitter
CPD scheme (12 points for £60)



LGO decision: Medway Council 06/B/12248 and Wigan Metropolitan Borough Council 06/B/12247 (29/4/08)

From Mental Health Law Online

Jump to: navigation, search

After funding under s117.

Contents

Report summary (from report itself)

Subject

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.

Finding

Maladministration by Medway Council, causing injustice. No maladministration by Wigan Council.

Recommended remedy

That Medway Council should:

  1. determine and reimburse its share of the cost of Mr Conrad’s aftercare to date with interest at the County Court rate and discuss reimbursement of the remainder with the relevant Health Authority;
  2. undertake the future funding of Mr Conrad’s aftercare in conjunction with the relevant Health Authority for as long as it remains necessary;
  3. make a contribution to Mr Conrad’s legal costs of £1,000.

External links

LGO website - summaries of adult care services reports

Full report (not available on LGO website)