Aftercare accommodation and "original condition"

Law and practice Mental Health Act
1

In Surrey County Council (LGSCO 25 016 444, 13 May 2026) the LGSCO said in passing that:

Accommodation can generally only be part of section 117 aftercare if: … the need for the accommodation arises from, or is related to, the reason the person was detained in the first place (“the original condition”); …

The “original condition” thing comes from R (Afework) v London Borough of Camden [2013] EWHC 1637 (Admin) but wasn’t incorporated into the subsequent statutory definition in s117(6). That statutory definition seems to refer to the current “mental disorder” and “mental condition” rather than the original one, so I assumed had essentially overruled that part of Afework. Any views on that? There is some further information at The definition of aftercare - Mental Health Law Online.

3

Not particularly concerned by the LGSCO. The LGSCO just set out an explanation on when accommodation comes under Section 117 aftercare. When you look at the Afework case, there was a clear difference between the ‘original condition’ which led to the Section 3, and the subsequent assault, which the claimant wanted to be brought under 117. The ‘original condition’ was concerned with a mental disorder, the assault was not.

The LA in the LGSCO case had not considered if accommodation was a requirement for delivering aftercare, if it wasn’t, why was a placement arranged? Who arranged it, who put the aftercare plan together? If it was a private arrangement, then likely not 117.

Unfortunately in Wales specialist placements are used to deliver after care and there is a housing benefit component to it. It’s the operational model for some providers, they provide the domicillary care, and there is a landlord who provides the accommodation. I refuse to use them, the reason being they are clearly accommodation plus, and therefore there should be no charge. Residents will often have to pay a top up, as housing benefit does not cover all the costs. If they lose their qualifying benefit, they are then liable for all of the accommodation.