The Care and Support (Discharge of Hospital Patients) Regulations 2014

Delayed discharge period

9.—(1) The specified period for the purposes of paragraph 4(6) of Schedule 3 is to be determined in accordance with this regulation.

(2) The specified period begins on the day after the day which is the relevant day(1) in relation to that discharge notice.

(3) The specified period ends with the earliest of the days on which any of the following first occur—

(a) the NHS body responsible for the patient withdraws the assessment notice or discharge notice relating to that patient;

(b) the relevant authority gives notice to the NHS body responsible for the patient that it has—

(i) carried out a needs assessment and (where applicable) a carer’s assessment in relation to the patient to whom the notice relates; and

(ii) put in place arrangements for meeting some or all of those needs that it proposes to meet under sections 18 to 20 in the case of the patient or (where applicable) the carer;

(c) the relevant authority is no longer required to put in place arrangements to meet the needs of the patient and (where applicable) the carer under sections 18 to 20 because—

(i) the patient informs the relevant authority that they have arranged their own care or other care is arranged for the patient; and

(ii) where applicable the carer informs the relevant authority that they have arranged their own support or other support is arranged for the carer;

(d) the patient discharges themself;

(e) the NHS body responsible for the patient decides that the patient needs to remain in hospital for a further course of treatment; or

(f) the patient dies.

(4) A day is not be to treated as a day of the specified period in the following circumstances—

(a) the relevant authority has by 11am on that day put in place arrangements for meeting some or all of the needs that it proposes to meet under sections 18 to 20 in the case of the patient or (where applicable) the carer; or

(b) the NHS body responsible for the patient considers that the patient is not able to be discharged due to a deterioration on that day.

(1)

See paragraph 2(5) of Schedule 3 for the definition of “relevant day”.