Looking for people’s views on whether you would end someone’s S117 eligibility if you felt that they no longer had MH needs, but they were still a conditionally discharged patient with the potential to recall by the MoJ?
Thanks 
If a person is conditionally discharged, then they remain subject to s37/41, which means that the Secretary of State or a tribunal continue to believe the person is suffering from a mental disorder. The purpose of a conditional discharge is to allow the MoJ to recall the person to hospital for treatment [for their mental health]. So no, I can’t see any way that a person who remains subject to s37/41 can be discharged from s117.
If the service believes this person no longer has any mental health needs, then I suggest the best way forward is to recommend absolute discharge.
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Just wondering what peoples view is for an absolute discharge as S117 aftercare responsibilities
I agree with Steve on conditional discharge. Also, the Community Treatment Order for unrestricted patients is very like conditional discharge for restricted patients, and the statute doesn’t allow the s117 duty to end during a CTO (see s117(2)).
In relation to absolute discharge, I don’t think there is the same principled objection. You’d just have to consider the facts of the case.