Care Act and Section 117

Law and practice Mental Health Act
1

Dear all

I was wondering if you could kindly help with this.

P was OR in area X. Previously detained under qualifying section, so subject to s117. P moved from area X to area Y by own volition. P was discharged by the community mental health team in area X to the care of a GP in area Y (P was not discharged from s117 by the local authority and mental heath team/ICB in area X). Local authority X had previously completed a Care Act assessment and continued to support P when he moved to local authority Y viz by Direct Payment.

P later returned to area X. Few months later, he moved to another area-Q. He stayed with a friend for a while prior to moving to council accommodation in area Q. He has decided to continue to reside in area Q. He as mental capacity to decide where to live.

Questions:

  1. Am I right in thinking Deeming provisions doesn’t apply?
  2. As per R (on the application of Worcestershire County Council) (Appellant) v Secretary of State for Health and Social Care (Respondent)[2023] UKSC 31; s117 responsibility stays with the local authority X and ICB. Correct?
  3. Is P entitled to a Care Act assessment in area Q if P or local authority X requested?
  4. If P has Care Act eligible needs (rather than s117 needs), which LA is responsible? X or Q?

Any thoughts or references would be appreciated.

Many thanks in anticipation
Peter , New Social Worker

2
  1. Care Act deeming provisions do not apply to MHA s117 eligibility [Care and Support Statutory Guidance 19.42-19.48], but deeming provisions don’t appear to apply at all in this case because he has chosen to move accommodation, and the accommodation he has moved to is not ‘specified accommodation’ as per Care Act regulations.
  2. Responsibility for mental health aftercare sits with area X and the Worcestershire judgement will have no effect as he has not been re-detained under the MHA. Once subject to s117 aftercare, the responsible authorities continue to be responsible no matter where he moves to in England or Wales, until and unless he is discharged by them from s117, or re-detained on a qualifying section, or dies.
  3. (and 4) For his mental health aftercare needs, the responsibility lies with the s117 authorities (i.e. Area X). If he has needs for care and support not related to his mental health, then he would need to approach the local authority where he is currently living (Area Q) to ask for a Care Act assessment, unless the s117 aftercare includes accommodation [Care Act s39(4)], which from your description appears not to be the case.
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3

Thank you very much Steve. Much appreciated.