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NHS mental health trust making autistic person homeless

NAS88069

I posted some time ago about a NHS mental hospital where a friend was being told that suicidal behaviour, attempting to hang themselves, crying, etc, was all due to autism.

The NHS trust is now proposing to discharge "to front of hospital", stating that the parents have a legal duty to house them. (Person is well over 18), parents cannot cope with friend's behaviour. 

The person is not capable of going to the council for housing help, cannot even speak to people they do not know (selective mute).

Can the hospital do this? Surely they should becalling in social services?

  • in reply to Ian

    Thank you, that gives me a start Slight smile

  • ~~ I suggest you contact a specialist advice service such as MIND Legal line: 0300 466 6463 immediately.

    As usual, the devil is in the detail.  Was your friend a voluntary patient or detained under the Mental Health Act? How long was he in hospital? (Don't tell me ... those are just the sort of questions an adviser would ask.)  The legislation can be complicated, but in general, the hospital should contact adult social services before discharging any vulnerable patient. Due to pressure on both beds and lack of community services and public housing, some clinicians deliberately ignore the guidance, whilst other junior staff may just be ignorant.

    The parents do NOT have a "legal duty" to house an adult - challenge the person who told you this to show you in which legislation this "legal duty" is specified. (They will not be able to!)  I suggest contacting the hospital social work team and asking them to intervene. 

    There may be grounds for a complaint against the clinician who agreed the discharge. Maybe talk to the PALS service at the hospital first.

    I suggest you contact the local authority housing department. Section 189(1)(c) of the Housing Act 1996 states that “a person who is vulnerable as a result of old age, mental illness or handicap or physical disability or other special reason, or with whom such a person resides or might reasonably be expected to reside” has a priority need for accommodation.

    As always, this applies to England and Wales and is just for information and not professional advice. (Have to say that to keep my liability insurers happy!)

  • It might be worth contacting an independent advocate, if the person-in-question is not capable of advocating for themselves, it doesn’t sound right..

  • NAS88069 said:
    Can the hospital do this? Surely they should becalling in social services?

    Hospitals tend to lack the resources and will to look after some difficult cases like this.

    I think it will require the parents to chase social services it intervene as they are most likely the nominated caregiver is the person in question is not capable of being independed.

    Yes the hospital should be doing more but the system is becoming increasingly broken so people have to start taking more initiative to get the correct parties involved I fear.