A SECTION 117 AFTERCARE CASE STUDY - IN REAL TIME!

Section 117 Aftercare Should NOT Take Six Months of Legal Representations!

On receiving instructions from the family of Jane, who had been detained under Section 3 of the Mental Health Act, I thought that this would be a straightforward case and the Local Authority, together with the Integrated Care Board, would quickly approve a Section 117 aftercare package for Jane.

For the purpose of this article l shall call the Authority AnyTown Council and the ICB Southshire Health Partnership (SHP). Working together they had a legal duty to ensure appropriate FREE aftercare was in place before she left hospital.

Unfortunately over a period six months the process became more complicated than I ever expected. Although both organisations recognised Jane’s needs, they initially interpreted Section 117 too narrowly, viewing much of her social‑care and daily‑living support as outside the scope of aftercare. They also moved towards discharging Jane without a completed Section 117 plan, which created understandable concern for her family.

Through sustained written advocacy, I clarified the correct legal framework:

·       Section 117 applies automatically after detention under Section 3.

·       Aftercare must cover needs arising from OR RELATED to the mental disorder, including routines, structure and daily support where these reduce relapse risk, leading to Jane being readmitted to hospital.

·       Social care cannot be excluded simply because of how it is labelled.

·       Both bodies must reach a joint decision, and discharge should not occur until the full aftercare plan is agreed and discussed with Jane and her family.

·       Established case law, including Stennett, confirms that Section 117 aftercare must be provided free of charge.

Following a number of representations and exchanges, AnyTown Council and SHP accepted that Jane’s needs fall within Section 117, agreed to a jointly funded package, and confirmed that discharge will only proceed once the full aftercare plan is properly in place.

If you require free initial advice about a Section 117 aftercare or care fees dispute with any local authority, please contact Robert Howard on 01924 276780.