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!

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 rec…

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

Law and practice Mental Health Act