He has basically been sectioned as he tried to leave the hospital last week so they did a mental health assessment which he failed
It's more likely they have done a mental capacity assessment and he has been assessed as lacking capacity to make the decision to leave. It's probably a DoL (A deprivation of liberty safeguard) that has been agreed for him which essentially provides the legal framework for the hospital to keep him there. It's very different to a section.
The social worker has suggested a care home but I’m sure that once he is off the morphine his mind will return. He lives in a council house so it won’t be possible for him to return home if he is put in a care home
If he lacks capacity around the decision to move and no one holds Lasting Power of Attorney for Health and Welfare or finances then there needs to be a Best Interests meeting for him to agree a discharge to a care home is appropriate.
If he lacks capacity to make a decison about his tenancy then only a LPOA for finances or a court can terminate that tenancy agreement. There is lots of case law around this and you and the local authority cannot make that decision on his behalf without the proper legal authority to do so. This may mean he has to continue with the tenancy for a while even if he does go into residenta care.
I’m not sure how to navigate this, I’m his next of kin so the social worker has said it is my decision
next of kin gives you no legal status to decide anything. Unless you have LPOA it is the local authority that needs to make the decision under best interests. It's easier for them if you agree with them but if you don't then they may refer it to a court to decide.
It isn’t safe for him to go home right now. Is there any other options? Can I request respite care to a care home with the intention of moving back home?
yes that's absolutely fine and normal practice for it to be a temporary arrangement for the first few weeks until a permanent decision is reached. Adult social care will always try and get people home if it's safe and realistic for them to go home.
I have asked for him to go to rehab to get him back on his feet but the social worker has said that the OT will decide and I don’t think they have made their decision yet
You will find that any rehab will most likely be the same provision as the respite option above. Perhaps with a sheet of paper sent with him with some exercises on. Don't get your hopes up that it's a meaningful option even if it's offered.