Ensuring your child’s needs are met upon being discharged from hospital

  • If your child has on-going needs after being discharged from hospital, it is essential that he/she is not discharged until appropriate arrangements have been made.
  • Once the medical team has determined that your child is ready for discharge, a discharge assessment must take place to determine what (if any) ongoing needs they have.
  • We offer support to ensure that discharge does not take place until a proper assessment of your child’s needs has taken place and confirmation of how these needs will be met is provided.

Determining whether or not your child has been discharged at an appropriate time

If your child has on-going needs, it is important that your child is not discharged without proper consideration first being given to his/her long-term needs.

The law is very clear that your child should not be discharged from hospital unless:

  • He/she is medically fit for discharge;
  • An assessment has taken place to determine the level of support you may need to discharge your child safely;
  • You have been given a written care plan which sets out the support you will receive to meet your child’s assessed needs;
  • The support outlined in the care plan has been put in place;
  • There is a system for monitoring and, if necessary, adjusting your child’s care plan to meet any change in needs;
  • An assessment has taken place to establish if your child qualifies for NHS continuing healthcare (an NHS funded package of care at home or in a residential setting).

Ensuring that your child’s individual health care needs are met

In complex cases, it can be beneficial to seek advice from an independent advocate who can support you during your child’s assessment and care planning process. This can ensure your child is not discharged from hospital until a proper assessment of his/her needs have taken place, and you have confirmation of how those needs will be met.

We can also make sure that appropriate consideration is given to how your child’s care and support will be funded, which in some cases could include requesting an NHS continuing healthcare assessment on your behalf.

Contact our solicitors

Get in touch with our legal experts for advice.