The government's decision to press ahead with legislation to fine social services for delayed discharges was made despite clear concerns raised during the consultation process.

Under the Community Care (Delayed Discharges) Bill, social services departments will have to pay a hospital the cost of looking after a patient if their discharge is delayed because care has not been arranged in the community.

However, more than three-quarters of the 268 organisations and agencies that responded to the consultation document outlining these proposals in September warned that the reimbursement proposals could damage partnerships.

More than half claimed that it was unrealistic to put together a care plan for discharge in three days if patients, carers and families were always to be involved. They warned that it could lead to poor decisions that curtailed the patient's independence.

Almost a third raised the issues of funding and capacity in health and social care, while a quarter believed that April was too soon for implementation.

Responses were received from councils, primary care trusts, NHS trusts and voluntary, professional and provider organisations.

Meanwhile, the Mental After Care Association (Maca) has expressed concern that the bill could lead to mental health patients in hospital being discharged earlier than they should be and has called for safeguards to prevent this happening.

The charity warned that there was a danger that, to avoid paying hospital fines, local authorities would accept discharged patients before proper accommodation and services had been sorted out.

Maca said the proposals went against government moves to create better joint-funding arrangements between local authorities and health authorities.

It also stressed that the additional financial burden on councils would not help them to create the new mental health services that are needed to meet the national service framework.