# CTO & s117 responsibility

**URL:** <https://forum.mentalhealthlaw.co.uk/t/cto-s117-responsibility/1871>\
**Category:** Mental Health Act\
**Tags:** cto, aftercare\
**Created:** [20 September 2023 21:40 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-s117-responsibility/1871 "2023-09-20T21:40:34Z")\
**Posts on this page:** 1\
**Showing post:** 13

<div class="post-metadata">

**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\
**Post date:** [9 October 2023 13:15 UTC](https://forum.mentalhealthlaw.co.uk/t/cto-s117-responsibility/1871/13 "2023-10-09T13:15:42Z")

</div>

> [@Anthony11](#):
>
> I am now wondering what it means for someone who is receiving s117 aftercare is detained under s2.

That scenario was mentioned in another topic ([Can a hospital admission be defined as after-care?](https://forum.mentalhealthlaw.co.uk/t/can-a-hospital-admission-be-defined-as-after-care/1800)).

> [@Anthony11](#):
>
> If I have understood your view correctly the s117 duty ends when you are in hospital. This would mean the duty does not recommence on discharge from s2?

The s117 duty doesn’t end upon every type of admission to hospital – only those listed in s117(1), which are s3, s37, s45A, s47, and s48. I’d put CTO recall in the same category as s2/informal, and CTO revocation in the same category as s3.

---

_[View the full topic](https://forum.mentalhealthlaw.co.uk/t/cto-s117-responsibility/1871)._
