Sectioned but not into hospital?

Claimant is an owner-occupier.  Has been sectioned for assessment, but instead of being assessed in a hospital the assessment is taking place in supported housing.  The supported housing provider wanted to know whether HB could be claimed - that is difficult because it’s not really the dwelling occupied as the home, and if it was that would mean the owned property is not and capital would be an issue.

What I was wondering though was whether this accommodation ought to be provided free by the NHS - someone who has been sectioned in this way is basically an NHS in-patient isn’t s/he?

We’re not talking about s117 aftercare here - this is still an assessment under (I assume) s3.

Anyone familiar with how these cases work, or are supposed to work?

Thanks

Hi HB Anorak,

This NHS Document suggests that responsibility “NHS England will be responsible for commissioning and payment for any period where the patient is treated by a prescribed specialised service.” Page 40 https://www.england.nhs.uk/wp-content/uploads/2022/06/B1578_i_who-pays-framework-final.pdf

The associated flowchart suggests that the “Responsible NHS England Specialised Commissioning Hub” are responsible for contracts with specialised service providers (didn’t look to see if your supported housing provider falls inside that definition) - https://www.england.nhs.uk/wp-content/uploads/2023/04/cam-2324-flow-chart.pdf

It certainly seems like the NHS would be responsible for any housing costs that enable the assessment to be undertaken.

I hope that this helps.

Regards

Chris

Very helpful, thank you

Some thoughts….my presumption is that still on s3 and on a stepped discharge approach so therefore would be on s17 authorised leave from hospital to allow this to happen.
The alternative would seem to be was discharged and the conditions of a Community Treatment Order (CTO) are that he remains in supported housing but you said s117 doesn’t apply so probably not this. Unless was on a CTO already and was recalled to hospital .

Either way and to get this resolved would advise the Supported Housing to get in direct contact with either his Care Co-Ordinator ( if even has one) or failing that the ward team that agreed the treatment conditions as they are required to know this . Unless they somehow thought he should be self funding whilst detained against his will….

You would hope of cse that a Supported Hsg set up that undertook this function would actually know how it was to be funded before accepting him…...and that there would be a named person at each end with responsibility for working all this out…...( no emoji in the world covers that).

Would love to know if you ever get to the bottom of this !