# Eligible for aftercare services & who is responsible?

**URL:** <https://forum.mentalhealthlaw.co.uk/t/eligible-for-aftercare-services-who-is-responsible/1334>\
**Category:** Mental Health Act\
**Tags:** aftercare\
**Created:** [3 November 2022 19:33 UTC](https://forum.mentalhealthlaw.co.uk/t/eligible-for-aftercare-services-who-is-responsible/1334 "2022-11-03T19:33:57Z")\
**Posts on this page:** 3\
**Page:** 1

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**Author:** ![Ngema](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/n/e95f7d/32.png) [@Ngema](https://forum.mentalhealthlaw.co.uk/u/Ngema)\
**Post date:** [3 November 2022 19:33 UTC](https://forum.mentalhealthlaw.co.uk/t/eligible-for-aftercare-services-who-is-responsible/1334/1 "2022-11-03T19:33:57Z")

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P lives in borough B in a residential care home & responsibility for his care arrangements & funding is with borough A.

He gets admitted initially unders s2 and during the admission its converted to a s3. Within a month, the s3 is rescinded under s23 by the RC on the ward and discharged a month later to another residential care home.

Upon discharge:

1. Is P eligible for aftercare services?
2. If he is who is responsible?
3. If he is not, who continues to fund the placement.

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**Author:** ![MHProfessional](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/m/2bfe46/32.png) [@MHProfessional](https://forum.mentalhealthlaw.co.uk/u/MHProfessional)\
**Post date:** [4 November 2022 09:58 UTC](https://forum.mentalhealthlaw.co.uk/t/eligible-for-aftercare-services-who-is-responsible/1334/2 "2022-11-04T09:58:02Z")

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The following update applies: [R (Worcestershire County Council) v SSHSC [2021] EWCA Civ 1957](https://www.mentalhealthlaw.co.uk/R_(Worcestershire_County_Council)_v_SSHSC_(2021)_EWCA_Civ_1957).

1. Yes
2. In England. A is responsible if P was funded by 117 aftercare when placed in B. If P was not funded via 117 Aftercare, then B is responsible.  
In Wales, I think A, but how P was placed in B will need some unpacking (ordinary residence)

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<div class="post-metadata">

**Author:** ![Ngema](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/n/e95f7d/32.png) [@Ngema](https://forum.mentalhealthlaw.co.uk/u/Ngema)\
**Post date:** [9 November 2022 21:34 UTC](https://forum.mentalhealthlaw.co.uk/t/eligible-for-aftercare-services-who-is-responsible/1334/3 "2022-11-09T21:34:00Z")

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Thank you very much.