Local Government Ombudsman
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York City Council (04B01280)

Adult care services                      Maladministration causing injustice

31 January 2006

‘Mr Sharpe’ (not his real name for legal reasons) complained that the Council failed to properly arrange and fund the residential aftercare his mother needed when she was discharged from hospital following a period of compulsory detention under section 3 of the Mental Health Act. The Council failed to properly assess Mrs Sharpe’s need for residential care and did not properly advise her of the care and funding options available to her. Mrs Sharpe was told that, under the Council’s normal procedures for securing and funding a suitable residential placement, she might have to wait for up to 12 months before she could leave hospital. She therefore agreed to discharge her entitlement to the funding of her aftercare under section 117 of the Mental Health Act and made her own residential care arrangements.

Mrs Sharpe was caused financial loss as a result of the Council’s actions and Mr Sharpe was put to unnecessary time and trouble in pursuit of the complaint.

The Ombudsman finds maladministration causing injustice and recommends that the Council should now:

  • calculate the financial loss caused to Mrs Sharpe and give that sum, plus interest at the County Court rate, as reimbursement;
  • agree to continue funding of Mrs Sharpe’s residential care until such time as she is properly discharged from section 117, if appropriate, after a new assessment;
  • pay Mr Sharpe £250 to compensate him for the unnecessary time and trouble he has incurred in pursuit of this complaint; and
  • review its relevant policies and procedures to make sure, as far as possible, that similar errors do not occur in future.

Date Updated: 30/07/09