Mental Health Act 1982 & Section 117 Aftercare

Section 117 begins when an individual leaves hospital. Aftercare is the help that an individual gets when they leave hospital.

There is no limit on what services are available to an individual. However, the services:

• Have to meet the needs of the individual arising from or relating to an individual’s mental disorder and
• Reduce the chance of the individual being re-admitted to hospital

The Care Act 2014 widened the definition of what constitutes Section 117 aftercare, and it is now sufficient for the need to be related to the mental disorder and not as a result of it.

The Care Act 2014 also states that aftercare services could include:

• Health care
• Social care
• Employment services
• Supported Accommodation
• Services to meet the individual’s cultural and spiritual needs and
• Services that support a person in regaining or enhancing their skills, or learning new skills, in order to cope with life outside hospital

In determining what aftercare services are required for an individual, professionals should consider the individual and their family’s views.

Local authorities and clinical commissioning groups are jointly responsible. The area responsible is that where the individual is ordinarily resident before they were detained. The responsibility is fixed and will not change if the individual moves to a different area.

Aftercare services should be provided to an individual as long as they need them. The responsibility to provide aftercare services ends when the individual is discharged from Section 117. For an individual to be discharged, both the local authority and the clinical commissioning group must agree that the individual no longer requires the services.

If the decision to discharge the individual is made, they should be informed and have the reasons for this decision explained to them. They should also be given the opportunity to challenge the decision.

If aftercare services are not provided or an individual disagrees with being discharged, a complaint should be made to the local authority and clinical commissioning group in the first instance. If an individual is dissatisfied by the outcome of the complaint then a complaint can be made to the Local Government Ombudsman and Public Health Service Ombudsman. It however, may be more appropriate to consider issuing judicial review proceedings.

A solicitor would be best placed to advise on this. However, any proceedings for judicial review must be issued promptly and within three months of the decision the individual seeks to challenge.