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Hospital Discharge and Care Planning

CareReviewed by Civil Help editorial team: 16 December 2025Next review: 8 June 20276 min
Verified against 5 sources
  • Health and Care Act 2022
  • NHS England Discharge to Assess guidance 2022
  • NHS England National Framework for NHS Continuing Healthcare 2022
  • Care Act 2014 s.9
  • Age UK Factsheet 37: Hospital discharge

Being discharged from hospital can be a critical juncture — the period after discharge is when people are most vulnerable to falls, deterioration, and readmission. Understanding your rights and the hospital's discharge process helps ensure you leave at the right time and with the right support in place.

Key points

  • Hospitals must ensure you have an appropriate package of support before discharging you.
  • You have the right to refuse discharge if you do not feel safe to leave.
  • A care needs assessment should be offered if you appear to need ongoing support.
  • The Discharge to Assess (D2A) model means many assessments now happen after discharge, at home or in a step-down facility.

The Hospital Discharge Process

Hospital discharge planning should begin from the moment you are admitted. A multidisciplinary team — including doctors, nurses, occupational therapists, physiotherapists, and social workers — is involved in assessing your readiness for discharge and your post-discharge care needs.

The hospital should provide you with a written discharge plan explaining what care has been arranged, any medications you have been prescribed, follow-up appointments, and who to contact if problems arise. You (and your family or carer, with your consent) should be involved in discharge planning discussions.

Under the Health and Social Care Act 2022, NHS bodies and local authorities have duties to cooperate in facilitating timely and safe hospital discharges. The Discharge to Assess (D2A) model, introduced to relieve pressure on hospital beds, means that formal care needs assessments increasingly take place at home or in a step-down intermediate care facility rather than in hospital before discharge. This is lawful, but must be properly managed.

Your Rights at Discharge

You have important rights in relation to hospital discharge:

  • Right to be involved in discharge planning — You should be consulted about when you will be discharged and what support will be in place;
  • Right to refuse discharge — If you do not feel safe to be discharged, you can refuse. The hospital cannot physically force you to leave. However, the hospital can continue to assess whether admission is clinically necessary — if it is not, there may be pressure to leave and the hospital is not obliged to continue occupying a bed you do not clinically need;
  • Right to a care needs assessment — If you appear to need ongoing care and support after discharge, you are entitled to a care needs assessment from the local council. This can be done in hospital or at home after discharge;
  • Right to discharge to your preferred setting — You should generally be discharged to your own home if appropriate support can be put in place, not placed in a care home simply because it is more convenient for the hospital.

If Things Go Wrong at Discharge

If you or a family member is discharged without appropriate care in place, readmission becomes more likely and harm can result. Steps to take if you believe discharge was unsafe:

  • Raise concerns immediately with the ward staff, the ward manager, or the PALS (Patient Advice and Liaison Service) team at the hospital;
  • Contact the local council to request an emergency care needs assessment if support is not in place;
  • Make a formal complaint to the hospital's Patient Experience team if the concerns are not addressed;
  • Report to the CQC if you believe there was a systematic failure;
  • Complain to the Parliamentary and Health Service Ombudsman (PHSO) if the hospital's complaints process does not resolve the matter.

NHS Continuing Healthcare and the discharge point

Hospital discharge is one of the most common points at which NHS Continuing Healthcare (CHC) eligibility should be considered. When someone has been admitted to hospital with complex health needs, and those needs are likely to require ongoing care after discharge, a CHC screening checklist should be completed before they leave hospital. If the checklist indicates that a full CHC assessment is needed, the Integrated Care Board is responsible for arranging it — and for arranging or continuing to fund care during the assessment period.

In practice, CHC is frequently not considered at discharge. Families are sometimes asked to fund care home placements or complex home care packages privately, without having been offered a CHC assessment. If a family member has complex health needs and is being discharged to a care home or with a substantial home care package, ask the ward team or the hospital social worker explicitly: "Has a CHC checklist been completed?" If not, request one before discharge.

If a CHC checklist is completed at discharge and concludes that the standard threshold has not been met but the person is deteriorating rapidly towards end of life, ask about the CHC Fast Track pathway. A clinician can trigger Fast Track — which must result in fully funded care being arranged within 48 hours — if the person has a rapidly deteriorating condition that may be entering a terminal phase. This is a powerful mechanism that families should be aware of and should not hesitate to request at the discharge planning stage.

Where there is a dispute at discharge about whether care should be funded by the NHS (CHC), the council, or the family, the responsible bodies must continue to provide care during the dispute. Care must not be withdrawn while a funding dispute is being resolved. If you are being asked to fund care that should be NHS-funded, contact the ICB's CHC team directly and seek independent advice.

Frequently asked questions

Can the hospital charge me if I refuse to leave?
In the NHS, patients are not generally charged for staying in hospital. However, if you are medically fit for discharge and are occupying a bed without clinical need, the hospital may explore all legal options to facilitate discharge. In practice, this rarely leads to formal legal action — the focus is usually on finding appropriate community support.
My relative was discharged in a hurry and fell at home — what can we do?
You can make a formal complaint to the hospital's complaints team and ultimately to the PHSO. If you believe the discharge was unsafe and caused harm, you may also have a clinical negligence claim — seek advice from a solicitor specialising in clinical negligence.
What is a reablement service?
Reablement is a short-term (usually 6 weeks) intensive support service provided after hospital discharge to help people regain their independence and confidence at home. It is usually free of charge and is commissioned by the council or NHS. Not everyone is automatically offered reablement — ask for it to be considered as part of your discharge plan.
Can the hospital discharge someone to a care home without their consent?
Not if they have mental capacity. A capacitous person has the right to decide where they go after hospital. If a person lacks capacity, a best-interests decision must be made under the Mental Capacity Act 2005, involving family and any attorney or deputy. The hospital cannot simply discharge to a convenient placement without proper process.
Should a CHC assessment be done before hospital discharge?
Yes, if the person has complex health needs that are likely to require ongoing care. Ask the ward team whether a CHC checklist has been completed. If not, request one before discharge. If the person is approaching end of life, ask about the CHC Fast Track pathway — this can result in fully NHS-funded care being arranged within 48 hours.

Official bodies and resources

National Health Service

Government

The publicly funded healthcare system in the United Kingdom, providing free healthcare for all UK residents.

Care Quality Commission

Regulator

The independent regulator of health and adult social care in England, inspecting and rating care services.

Age UK

Charity

The country's leading charity dedicated to helping everyone make the most of later life, providing advice, support, and companionship.

Local Government and Social Care Ombudsman

Ombudsman

Investigates complaints about councils, social care providers, and some other public bodies in England.

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Disclaimer

This information is for general guidance only and does not constitute legal advice. You should seek qualified legal help if your situation requires it.