Delayed discharge remains a serious issue for NHS Trusts, a problem exacerbated by the pressures associated with the COVID-19 pandemic. The most recently available data for delayed transfers of care, showed that there were 155,700 total delayed days in February 2020, of which 103,000 were in acute care. This is a large increase from the same period the previous year.

With the impact of COVID-19, NHS England and NHS Improvement have recognised that the issue of delayed discharge is more serious than ever and have instructed all NHS Trusts to work with partner organisations to release the maximum number of beds possible (and a minimum of at least half of current delayed discharges).

Minimising causes of delay

Delays can be attributed to a failure to provide follow up care by either the NHS or social services, or a combination of both. However, in rare cases, the delay is caused by the patient simply refusing to leave the hospital when they are medically fit for discharge. Where this occurs, the Trust must work in conjunction with other agencies, including the local CCG, social services and the housing department, to seek to assist the patient to prepare for discharge. Usually, such action is sufficient to encourage the patient to leave the hospital.

What if this doesn’t work?

If the above measures aren’t enough, the Trust can treat the patient as a trespasser and can use “reasonable force” to remove the patient. Given the highly sensitive nature of these types of cases, the safest approach is usually to apply to Court for a possession order (following the process approved by the Court in the case of Barnet PCT v X). Whilst this is a drastic step, it is the only option remaining in some cases.

Following the grant of a possession order, the Trust must then work closely with other relevant agencies to secure the patient’s removal from the hospital and to avoid another admission. The possession order can be enforced by a Court appointed bailiff, or by using reasonable force.

How Capsticks can help

We have vast experience of these sensitive cases, both in respect of legal process and communications with interested parties. We advise on the best process to recover the use of hospital beds, including applications to Court for a possession order and where necessary enforcing them sensitively and efficiently in your interests and those of the patient.

For more information, please contact Abi Condry, Rachel Whale or any of our contacts at Capsticks, to find out how we can help.