Poole Borough Council (06B07542)

Adult care services                      Maladministration causing injustice

05 September 2007

The complaint

The late Mrs Q had a history of mental illness and had been detained in hospital under the Mental Health Act 1983. She was discharged with a care package provided under section 117 of the Act. Later on that year her husband, Mr Q Sr, who was his wife’s main carer, had a stroke and so was incapable of caring for his wife or himself. The Council placed Mrs Q in a nursing home and funded her care there.

The couple’s son, Mr Q Jr, asked the Council to move both his parents to a home nearer his, in a different part of the country. The Council said that, as Mrs Q received section 117 aftercare, it would need to get legal advice. It decided that Mrs Q could move, but did not mention the effect that her discharge from the home would have on payment for her aftercare. Mr Q Sr died shortly after the move, and Mrs Q lived at the new nursing home until her death. Her son paid the fees.

Mr Q Jr subsequently enquired about the way the section 117 aftercare order had been discharged. The Council decided that this was done correctly, although it could not provide evidence to substantiate its view.

The Ombudsman’s investigation

The Ombudsman found that the Council failed to carry out a proper assessment of Mrs Q’s mental health needs to establish if section 117 aftercare was no longer required. It also failed to hold a multi-disciplinary meeting with the relevant professionals, the patient and her carer or nearest relative to review the care plan. As a result of these failures, Mr Q Jr had to bear the full cost of care for his mother until she died.

Outcome

The Ombudsman recommended that the Council compensate Mr Q Jr for the cost of his mother’s nursing home fees, amounting to £33,455.58, plus interest at the relevant county court rate.

Date Updated: 13/01/09