Hi
Can LAs and NHS bodies automatically end s117, without reviewing/involving the patient who continues to have s117 needs because they became aware that the patient moved to another borough and was re-detained in that borough under s3?
Following a patient’s admission under s3 while resident in a different local authority area there should have been a fresh consideration of the patient’s aftercare needs prior to discharge as per chapters 33 and 34 of the Mental Health Act Code of Practice.
Following the Worcestershire judgment – NHS England, ‘The effect of the Worcestershire decision on section 117 aftercare duty’ (undated, late 2023) - Mental Health Law Online – The responsible local authority jointly responsible with the NHS for considering the patient’s aftercare needs is likely to have changed to the new local authority in partnership with the NHS authority.
The NHS authority is decided following arrangements described in: NHS England » Who Pays?
All aftercare planning should involve the person who has been redetained from the moment of readmission as per the code of practice.
So, pre-existing aftercare arrangements are likely to end upon discharge unless the new local authority/ies agrees they continue to be necessary in which case they would be responsible for jointly funding them where there are charged services.
But there should have been a reconsideration of what is necessary to prevent readmission prior to discharge for the person who will have an ongoing s117 entitlement for consideration.
This is very likely to be a different authority’s social workers considering their strengths and needs than was the case prior to the latest admission. The local authority and commissioning NHS body is expected to work in partnership with the patient, the patient’s community mental health service and their ward team to come up with this plan.
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Additional clarification: LA said following the supreme court judgment when the person was re-detained in a neighboring borough under s3 their duty under s117 duty automatically ceased. Is this correct?
Yes, that’s the effect of the Supreme Court decision in R (Worcestershire County Council) v SSHSC [2023] UKSC 31.
There are different rules for ICBs set out in secondary legislation and described in NHS England, ‘Who Pays? Determining which NHS commissioner is responsible for commissioning healthcare services and making payments to providers’ (v4, July 2025). I’ve never got my head round them, partly because the legislation and guidance have both changed over the years, and I could never completely reconcile the two. Currently I think it depends on where you are registered with a GP, though don’t quote me!
There are some links here which might help, although the page itself needs to be updated: Which authority pays for aftercare - Mental Health Law Online.
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