# Does a S47/49 work in the same way as a S3 in terms of 117 aftercare following the Worcestershire ruling?

**URL:** <https://forum.mentalhealthlaw.co.uk/t/does-a-s47-49-work-in-the-same-way-as-a-s3-in-terms-of-117-aftercare-following-the-worcestershire-ruling/3256>\
**Category:** Mental Health Act\
**Tags:** aftercare\
**Created:** [12 February 2025 12:19 UTC](https://forum.mentalhealthlaw.co.uk/t/does-a-s47-49-work-in-the-same-way-as-a-s3-in-terms-of-117-aftercare-following-the-worcestershire-ruling/3256 "2025-02-12T12:19:52Z")\
**Posts on this page:** 3\
**Page:** 1

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**Author:** ![STEPC](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/6bbea6/32.png) [@STEPC](https://forum.mentalhealthlaw.co.uk/u/STEPC)\
**Post date:** [12 February 2025 12:19 UTC](https://forum.mentalhealthlaw.co.uk/t/does-a-s47-49-work-in-the-same-way-as-a-s3-in-terms-of-117-aftercare-following-the-worcestershire-ruling/3256/1 "2025-02-12T12:19:52Z")

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Hi all. Just wondering - Does a S47/49 work in the same way as a S3 in terms of 117 aftercare following the Worcestershire ruling? As in would the most recent S47/49 (and a change of Ordinary residence) mean that the S117 aftercare changes in terms of Local authority? Thank you!

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**Author:** ![Sifo](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/ba9def/32.png) [@Sifo](https://forum.mentalhealthlaw.co.uk/u/Sifo)\
**Post date:** [12 February 2025 16:53 UTC](https://forum.mentalhealthlaw.co.uk/t/does-a-s47-49-work-in-the-same-way-as-a-s3-in-terms-of-117-aftercare-following-the-worcestershire-ruling/3256/2 "2025-02-12T16:53:01Z")

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For someone transferred to hospital from prison, the local authority for s.117 purposes would be the one where they were resident immediately before going to prison. They cannot be OR in the prison as they are not there ‘voluntarily’ (see the Shah v Barnet test).

If they were out on s.117, then received a new prison sentence for a further offence, then were 47/49’d again, the s 117 duty would now lie with the LA where they were resident before this second prison term- so yes, similar to s.3 in that respect.

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**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:** [15 February 2025 12:35 UTC](https://forum.mentalhealthlaw.co.uk/t/does-a-s47-49-work-in-the-same-way-as-a-s3-in-terms-of-117-aftercare-following-the-worcestershire-ruling/3256/3 "2025-02-15T12:35:18Z")

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A post was split to a new topic: [Section 37/41 patient ending up on s47/49](https://forum.mentalhealthlaw.co.uk/t/section-37-41-patient-ending-up-on-s47-49/3281)