SPOTLIGHT
Shelved 400px

What now for deprivations of liberty?

What will the effect of the postponement of the Liberty Protections Safeguards be on local authorities? Local Government Lawyer asked 50 adult social care lawyers for their views on the potential consequences.

Ombudsmen release joint guidance to tackle common mistakes in section 117 aftercare of mental health in-patients

The Local Government and Social Care Ombudsman (LGSCO) and the Parliamentary and Health Service Ombudsman (PHSO) have released guidance to tackle common mistakes seen in the aftercare of patients receiving support under Section 117 of the Mental Health Act 1983.

The guidance includes practical recommendations for councils and Clinical Commissioning Groups (CCGs) to make improvements and avoid the mistakes of others.

From July 2022, Integrated Care Boards will replace CCGs for better joined-up health care. The guidance is intended to support practitioners in delivering a continuity of care during this transition, according to the Ombudsmen.

The PHSO and LGSCO work together on complaints involving health and social care bodies. The guidance brings together common themes seen in their joint investigation work.

Through a series of case studies, the guidance draws attention to recurring mistakes seen in the joint investigation work of PHSO and LGSCO when there are misunderstandings between a council and CCG about their collective responsibilities; these include:

  • Care planning for patients
  • Funding for aftercare
  • Accommodation needs
  • Ending mental health aftercare

The guidance reiterates how councils and CCGs have a joint responsibility to provide or arrange free aftercare for adults, young people, and children until they are satisfied the person no longer needs it. These responsibilities are set out in the Mental Health Act Code of Practice. They aim to reduce the risk of worsening the person's mental health condition and reduce the risk of needing further hospital admission.

Michael King, Local Government and Social Care Ombudsman, said: "Where complex cases span multiple organisations and bodies, it is all the more important for those bodies to get things right. We've issued this guidance not only to share learning from the complaints we have received, but also to highlight to councils and CCGs our joint working team's role in investigating those cases.

"I hope practitioners in this area will take on board the learning it contains and apply it to their practice to ensure the people in their care are properly supported."

Rob Behrens, Parliamentary and Health Service Ombudsman, said the cases outlined in the guidance demonstrate "the traumatic and lasting impact mistakes can have on patients and their families when council and CCGs fail to manage mental health aftercare effectively".  

He added: "When a person receives treatment under the Mental Health Act, they are vulnerable. Organisations responsible for their care must deliver the best service possible to maximise the patient's recovery.

"The work of the Joint Working Team is vital in ensuring that the organisations involved are held to account when mistakes are made across the health and social care sectors."

The full guidance can be read here.