Sutton Council has been forced by the High Court to pay for the care of a mentally ill man from another authority.

The case, which took place last Wednesday, involved a man from Fulham who developed mental health problems after being placed in a private care home in Sutton.

His health later deteriorated, he was sectioned under the Mental Health Act and then re-admitted to hospital.

However, Hammersmith and Fulham Council refused to continue paying for his care because it argued the man had become Sutton’s responsibility under the Mental Health Act 1983.

Sutton argued this had significant cost implications and was unfair to the individual concerned as well as to Sutton taxpayers.

Officials at the council are now concerned the result of the case means any local authority can “dump”

patients and avoid paying for the services they require.

Hammersmith and Fulham countered it was no longer responsible for his care and removed the man from their social services case-load.

It is feared the decision could mean authorities are now responsible for people placed in their care homes by other councils if these people are subsequently sectioned under the Mental Health Act.

Councillor Colin Stears, Sutton’s adult social services spokesman, said: “In a time of shrinking resources some might say it’s rather cynical to move a resident out of a borough then, when they are sectioned, attempt to relinquish responsibility for that person even though they wish to return to their home borough.

“Sutton has some excellent care facilities and we do not want to see councils discouraged from accepting vulnerable people in case they are effectively dumped by their borough they came from.”

Coun Stears said an appeal would be “difficult” but admitted the council’s legal team were considering whether to proceed down that road.

Stephen Greenhalgh, leader of Fulham and Hammersmith council, said: “Although we were always confident in our position, up until the High Court made its ruling, some councils were unsure who had legal responsibility in this area.

“We are delighted the High Court has cleared up this matter and given every local authority clear guidance.”