Ensuring your needs are met upon being discharged from hospital

  • If your treatment has to continue after you have been discharged from hospital then it is vital that appropriate arrangements must be made for you before you are fully discharged.
  • Once your assigned medical team has concluded that you are ready to leave the hospital and can go home, they must determine what you may require as part of your home treatment/adjustments as part of a discharge assessment.
  • We can support you to guarantee that discharge does not take place until a proper assessment of your needs has taken place and there is confirmation of how those needs will be met.

Determining whether or not you have been discharged at an appropriate time

Due to the increasing pressures on the NHS we have seen an increase in the number of delayed discharges, and “bed blocking” is at an all-time high. If you have needs that have to be met after you have been discharged, it is vital that your long-term health requirements have been properly considered before you are fully discharged.

Where there is a waiting list for preferred residential placements, there is a chance you could be discharged elsewhere in the meantime, to a placement that could be some distance from your relatives.

The law states very clearly that you should not be fully discharged from hospital unless:

  • You are medically fit for discharge.
  • You have undergone a discharge assessment to determine the level of support you may need to after you have left the hospital.
  • A written care plan has been organised which meets any needs highlighted in your assessment.
    Any support that you have highlighted in the discharge assessment and that’s been outlined in the care plan has been put in place.
  • There is a system in place to both adjust the care plan for any additional requirements you may have, as well as a way that the progress and success of your care plan will be monitored.
  • An additional assessment has taken place to establish if you qualify for NHS continuing healthcare (an NHS-funded package of care at home or in a residential setting).

Ensuring that your individual health care needs are met

In complex cases, you may need an independent advocate who can support you during your assessment and care planning process, and who can provide you with beneficial advice. At Moore Barlow we can provide this essential support for you, as well as make sure that you are properly cared for both in and out of hospital. This includes making sure that due process is followed through, such as a discharge assessment and written care plan, ensuring that your needs are properly met.

Our team of legal experts here at Moore Barlow can also make sure that appropriate consideration is given to how your care and support will be funded, which in some cases could include requesting an NHS continuing healthcare assessment on your behalf.

With our expert team based across our offices in London, Southampton, Woking, Lymington, Richmond and Guildford, we are ideally placed to offer specialist support and advice on a local and national level. Get in touch for more information on how we can help.


View our “Hospital discharge” factsheet.