A North London family has been awarded a £750 payout after a mentally unwell member didn’t get the right care after being released from hospital. The man, who also had a learning disability, had been detained under the Mental Health Act.
Upon release, the man was entitled to a social care assessment to establish what aftercare he may need, which is provided free of charge. These services include the administration of medication for medical disorders, social work, day centres, psychiatric treatment, residential care, or supported living.
An investigation by the Local Government Ombudsman (LGO) found that there was a delay in reviewing the care plan by around five or six weeks when the man, referred to in the report as Mr C, was discharged from the hospital.
The plan for Mr C, when he was released, was to reside in supporting living accommodation with support workers. However, Harrow Council, the Integrated Care Board and the NHS Trust were still in the process of arranging this. Mr C’s family wanted him to return to live with them despite his review report suggesting this would be “neither safe nor practical” due to his aggressive behaviour.
When his detention was rescinded, Mr C returned to live with his mother and sister, who shared a two-bedroom flat above a pub and was assessed as being entitled to a number of aftercare services. These included daily help with getting dressed personal hygiene, and maintaining the home, as well as support engaging in work, training, education, or volunteering three times a week.
However, Mr C’s family declined the support workers as they presumed he would be out during the day doing activities, such as having access to daycare services and swimming and horse riding activities that they had requested. However, this did not happen.
It was then revealed that Mr C had attacked family members. He is hypersensitive to noise and it was thought that his aggression was linked to the noise from the pub below the flat, which had been playing football.
A suitable daycare centre was eventually found, however, there were issues finding a male social worker who spoke Mr C’s language which meant there were further delays in his attendance. Due to his not having the mental capacity to do so, Mr C’s brother subsequently complained to the LGO on his behalf.
Following an investigation, the Ombudsman concluded that the council, Integrated Care Board and NHS Trust were at fault for the delay. It concluded that the family should receive £750 for the “frustration and distress” caused by the delay.
A spokesperson for Harrow Council said: “We are extremely sorry for the distress caused to the individual and their family which relates to the respite offer and delay in reviewing their care plan. We accept the findings of the ombudsman and have apologised directly to the individual. We will continue to work with our service users to ensure they receive the best support from us.”
