Working out who pays for what care when a person with a mental disorder is discharged from a hospital section is a difficult enough process. When that person also has an enduring physical health problem, for which they require nursing or other medical care in a community setting, obtaining appropriate funding to manage that person’s needs becomes even more complex and involves assessments as to whether the person’s primary needs relate to their physical health, mental health or need for social care.
The ramifications for getting such assessments wrong, or conducting them incorrectly, are significant for everyone involved.
Section 117 of the Mental Health Act 1983 requires CCGs, Local Authorities and Local Health Boards, in co-operation with other relevant agencies, to provide appropriate aftercare services to meet that person’s mental health needs.
Section 3 of the NHS Act 2006 imposes a duty on CCGs to provide a range of services which they consider necessary to meet the reasonable requirements of patients who have suffered, and may continue to suffer from, an illness.
Wherever a person is eligible for services under section 117, the provisions of that section must be used to meet them. If costly and time consuming errors are to be avoided, it is essential that all involved are aware of what the limits of both section 117, NHS continuing healthcare, funded nursing care and nursing and healthcare which can be provided by Local Authorities.
During this 1 day course delegates will consider the relevant statutes, caselaw and up-to-date guidance which will enable them to understand how decisions are made about section 117 needs, CHC eligibility and to avoid the significant pitfalls in the decision-making process.
KEY LEARNING POINTS
By the conclusion of the course delegates will:
- Understand the relevant legislation, guidance, caselaw and procedures surrounding S117 aftercare and CHC funding.
- Understand the framework of S117 aftercare funding and CHC funding following psychiatric hospital discharge.
- Recognise the importance of written and other evidence in the screening, assessment, review and appeal process.
- Identify and consider the potential pitfalls in the decision-making process.
- Understand the screening and assessment process.
- Understand the purpose of the review panel and the appeals process.