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Martin Searle Solicitors

Section 117 Aftercare

Community Care Law

What is Section 117 (s117) aftercare?

Certain individuals who have been sectioned under the Mental Health Act 1983 (MHA) will be entitled to free aftercare funding, known as s117 aftercare. In order to qualify for this, an individual must have been:

  • Detained in hospital for treatment under s3 of the MHA
  • Transferred from prison to hospital (s47 or 48 of the MHA)
  • Ordered to go to hospital by a court (s37 or 45A)
  • Subject to a Community Treatment Order
  • A restricted patient on a conditional discharge

If an individual has been detained in a hospital under any other provision, i.e. generally under s2 or s4 of the MHA; or under a Deprivation of Liberty Safeguards authorisation; or was a voluntary patient throughout the admission, they will not qualify.

What is the purpose of s117 aftercare?

The purpose of s117 aftercare services is to meet needs that the individual has arising from their mental health illness and to reduce the risk of them needing to return to hospital for mental health treatment.

How we can help you

If a person qualifies for s117 aftercare duties, then Health and /or Social Services should cover the costs of their care and support services. There can be a number of factors that can stand in the way of securing and maintaining s117 funding.

Cate Searle and our team of Community Care lawyers can assist with:

  • Securing s117 aftercare services and funding
  • Securing backdated s117 funding where health or Social Services failed to act on their duties
  • Challenging a decision to discharge 117 aftercare duties
  • Advising where someone in receipt of s117 aftercare funding moves from one Local Authority area to another and then experiences difficulties
  • Advising on choice of care accommodation and top ups for someone with s117 funding

Contact us today on 01273 609911, or email info@ms-solicitors.co.uk.

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