Section 117 Aftercare Solicitor

When an individual who has been sectioned or detained under the Mental Health Act 1983 is discharged from hospital, they may be entitled to free aftercare funding. This is known as Section 117 Aftercare, after the section of the Mental Health Act that details these provisions. The purpose of after-care is to provide any support or service required in connection with your Mental Health, which may reduce the risk of you being re-admitted to hospital. If you feel that you are not receiving adequate support in the community, please get in touch and we can assist.

Establishing your rights to Section 117 aftercare can be valuable to meet the costs of your ongoing care after discharge from hospital.

Our initial consultation is free and further assistance may be free under the Legal Help Scheme subject to a means assessment.

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How Can We Help with Section 117 Aftercare?

When a person qualifies for S117 aftercare, then the relevant agencies should cover the cost of their care and support. Though individuals can experience several factors that can stand in the way of securing and maintaining the section 117 funding they are entitled to.

At Reeds, our Mental Health Solicitors can assist with:

  • Securing S117 aftercare funding and services.
  • Securing backdated S117 funding where the associated agencies (health and social services) have failed to act on their duties.
  • Challenging Section 117 discharge decisions.
  • Advising an individual who benefits from S117 aftercare funding what to do when they move from one Local Authority to another – especially where issues are experienced.
  • Advising on Section 117 Aftercare accommodation choices and top-ups to fill a funding gap for someone with S117 funding.

Whether in hospital following a section or in the community, if you’re entitled to Section 117 aftercare we can meet with you to discuss your rights and address any challenges you’re facing in accessing Section 117 aftercare.

One of our mental health solicitors can attend Care Programme Approach (CPA) meetings and Section 117 aftercare meetings with you or on your behalf.

For further information about our Care Programme Approach services, visit our service page here.

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FAQ

Section 117 Aftercare is the support you are given following your discharge from hospital.

Section 117 of the Mental Health Act 1983 covers aftercare following discharge from a hospital for mental health treatment. It is the provision of support services for individuals after leaving the hospital to ensure their continued well-being and to prevent a relapse that might lead to them being hospitalised again.

This support includes various services like healthcare, daily assistance, help with finding a job and employment, housing options and ensuring you have a safe place to live, and services addressing social and cultural needs. These services are only included if they directly relate to your mental health and may help keep it from getting worse.

The responsibility to offer this aftercare starts when the person is discharged from the hospital, but planning for it should begin as soon as they are admitted.

The purpose of section 117 aftercare is to help meet the requirements of the individual, assist with any difficulties that may contribute to their mental health condition or hamper progress, and reduce the risk of them returning to hospital due to a deterioration of their condition.

You are entitled to aftercare under Section 117 of the Mental Health Act (1983) if you have been detained under:

  • Section 3 – Detained in hospital for treatment.
  • Section 7 – Guardianship.
  • Section 17A – Subject to a Community Treatment Order.
  • Section 37 – Hospital Order without restriction.
  • Section 37/41 – Hospital Orders with restrictions.
  • Section 45A – Hybrid Order.
  • Section 47 – Transferred from prison to hospital.
  • Section 47/49 – Transferred prisoners with restrictions.
  • Section 48/49 – Transferred remand prisoners with restrictions.

If an individual has been detained in a hospital under any other circumstances, then they may not qualify for Aftercare support under S117. For example, Sections 2 or 4 of the Mental Health Act, under a Deprivation of Liberty Safeguard authorisation, or was a voluntary patient and admitted themselves.

Both the provision and the funding of S117 Aftercare is the duty of the Clinical Commissioning Group in England, or the Local Health board in Wales, and the Local Authority.

The Local Authority is usually of the area in which you lived at the time of your detention.

S117 aftercare should only stop when it is considered that you no longer require the help and support. This decision is made by the Clinical Commissioning Group (or the Local Health Board in Wales) and the Local Social Services.

It used to be the case that individuals seeking aftercare support through section 117 of the Mental Health Act would write a letter and provide the necessary evidence and documentation under the section. However, establishing and retaining eligibility can now be fraught with problems.

It is possible that the various agencies responsible for the provision and funding of aftercare may try to argue that you do not meet the criteria for aftercare. The argument we frequently see is that the services and support requested are not relevant to reducing the risk of future hospitalisations.

If your mental health condition has become stable, it is not always the case that these aftercare provisions are no longer required. In fact, it can be a sign that the provisions and support are working for you. If you feel that your mental health will decline due to the withdrawing of your support, and that this may result in the need to be readmitted to hospital, then it is worth raising a dispute against the decision.

Section 117 Aftercare covers help and support that includes various services like healthcare, daily assistance, help with finding a job and employment, housing options and ensuring you have a safe place to live, and services addressing social and cultural needs.

These services are only included if they directly relate to your mental health and may help keep it from deteriorating.

Aftercare is defined as:

  • Meeting a need arising from or related to your mental health condition/disorder.
  • Reducing the risk of a deterioration of your mental health condition.

The funding for Section 117 aftercare is the joint responsibility of the Clinical Commissioning Group (CCG), and the Local Social Services Authority (LSSA). Section 117 of the Mental Health Act places the responsibility to provide and fund S117 Aftercare on these two bodies in co-operation with relevant voluntary agencies and after-care services.

If you are in Wales, then the Local Health Board (and not the Clinical Commissioning Group) are jointly responsible with the LSSA.

No, it is unlawful for Social Services to charge for the services provided under S117 aftercare. The responsibility of funding and provision is placed upon the Clinical Commissioning Group (or the Local Health Board in Wales) and the Local Social Services Authority.

S117 aftercare funding ought to cover the cost of meeting the person’s mental health related support needs. If an individual has both physical health and mental health requirements, the s117 aftercare funding may not provide the full cost of the support package. In such cases, a “top-up” is required to fill the funding gap.

Yes, a person is entitled to refuse S117 aftercare services. You cannot be forced to accept them. However, just because a person has refused aftercare services doesn’t mean that they are not needed. Because of this it is not always the case that refused services will be withdrawn.

Section 117 Aftercare cannot be withdrawn without reassessing the person’s needs.

Section 117 is the free aftercare provisions available to those who have been detained in hospital under the Mental Health Act, when they leave hospital. Being detained in hospital under the Mental Health Act is sometimes called being ‘sectioned’.

Section 117 of the Mental Health Act places a statutory duty on local social services and the Integrated Care Board (ICB) to plan and provide mental health care for those detained in hospital under a treatment section of the Mental Health Act (including children and young people).

The rules around S117 Aftercare cover for accommodation are complex, though it may cover the costs of accommodation in certain circumstances. Usually, S117 aftercare funding will not cover the costs of ordinary housing (such as a rented property). That said, if you require specialist accommodation due to the mental health condition, then it is reasonable to assume that provisions should be made in S117 funding to cover the cost.

This funding usually covers supported living costs or care home accommodation.

If you qualify for S117 aftercare, you should be provided a choice with the supported accommodation that you will move into. However, if you choose accommodation which is over and above the Local Authority Usual Rate, then you may be required to make a ‘Top Up’ to cover the funding gap. This is sometimes called a First Party Top Up (if you are making the payment yourself), or a Third Party Top Up (if someone is making the payment on your behalf).

In some cases, it may be possible to argue that the choice of accommodation, for example, is not a preference but a need. Thus the difference between the funding and the Local Authority Usual Rate (or Social Services cap) should not be covered by the individual.