Continuing the discussion from Aftercare accommodation and "original condition" : Thanks I have noticed that other decisions by the LGSCO including 23 005 368 - Local Government and Social Care Ombudsman also directly link the reason for detention with eligibility for S117 in their findings and/or d…

[image] Ciara: they have also gone off on a tangent about capacity The part about lacking capacity is something else pulled out of thin air by the judge in Afework – requiring that “[t]he ex-patient is being placed in the accommodation on an involuntary (in the sense of being incapacitated) b…

Yes, that case was also before the care act and also the inclusion of S117A of the MHA, I think the fact they specifically allow S117 patients to have a choice, express a preference in terms of their accommodation to a certain extent is obviously inconsistent with the idea that care should be requ…

The problem is that Mr Justice Mostyn, the judge in Afework, stated the ‘involuntary’ etc conditions ‘as a matter of law’, but without any reference or citation, so it’s very hard to know what he based them on. There is a little support in W v Doncaster MBC but, not expressed as definitively as Mos…

Thanks for your reply. What are your thoughts on the addition of S117A that gives those who have S117 rights the right to choose their accommodation to a certain extent and the fact that this seems to contradict any assertion that the accommodation needs to be given on an ‘involuntary’ basis? Also i…

With regard to s.117A, you make a very good point- how can it be right that someone only gets accommodation via aftercare if they are incapacitated, but at the same time can be legally entitled to choose that accommodation (in England- s.117A doesn’t apply in Wales). You are also right that the ‘in…

Thank you, for your reply, it’s good to get feedback on these points. I wanted to try and find the Hansard debates regarding the reasoning behind S117A and the change in Care Act on this point, although not sure how helpful this would be. I don’t know if the Afework case has ever been mentioned in p…

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Aftercare accommodation and being placed "on an involuntary (in the sense of being incapacitated) basis"

Law and practice Mental Health Act