I was detained for 3 years as an adolescent under numerous Section 3s between 2013-2017. Despite this invasive and extensive input, I have had no Section 117 aftercare since, despite asking for support more times than I can count. Along the way, my diagnostic information has been lost with my records currently only showing an allergy as my diagnosis.
I have now complained to my LA and ICB, however I am yet to receive support or a response despite complaining in October 25.
The LA have however confirmed I am entitled to S117 and was never discharged from it, and can’t seem to work out why this support hasn’t been given. It has been 9 years of my life that have been impacted by the trauma from hospital and lack of meaningful support. In that time, I’ve been unwell and asked for support from more systems than I can count- 8 GPs, 3 NHS Trusts, 3 Local Authorities, 20+ solicitors and a stupid amount of phone calls to the Ombudsman, CLA, Citizens Advice and advocacy services.
I am still without any meaningful support, any acknowledgement of the enormity of this failing and just feeling so beaten down by the system that is meant to help. I keep thinking if I knew how much of an affect this would have on me trying to live a healthy life post hospitalisation (as a minor) then I wouldn’t have let myself get sectioned. This is the crux of the issue- I did not choose to be sectioned and have my rights stripped from me, and I did not forsee the complete ineptness of the system.
I would like your advice on what to do from here? Has anyone else navigated such treatment, or lack thereof and how can I get accountability and some f***ing therapy?
In terms of support I am looking for a few things:
Regular ongoing psychotherapy- short term is not helpful
A personal health budget to help me prevent a relapse with the illnesses that got me detained.
A care coordinator or someone in a similar role to help me navigate health and social systems.
Support around food and recovery- it’s hard to rebuild a relationship with food when there is no support in place and financial strain on bills.
Medication reviews- at present I’m still on the medication I was placed on 12 years ago and it’s over sedating me. Neither my gp nor the mh team will review it as they keep passing the buck to each other
Prescriptions financially covered- the medication I was placed on against my will I have had to pay for since being out in the community, this is surely the most basic ask in terms of support
A diagnosis seen as this has been lost along the way and is only complicating things more.
I feel like such a brat for asking for all of this but s117 is written in the legislation and I still feel the lasting impacts of institutionalisation and am just surviving not living
I’m a little confused by this. S117 doesn’t impact liberty? If so my liberty has already been affected when I was detained for 3 years and I am traumatised from it. Aftercare is in recognition you got to the point of detention against your will and is to protect people from being detained again.
I fail to see how receiving basic mental health support would be losing my liberty? I am by law entitled to it anyways so I am a bit confused by what you’re asking.
It struck me as an odd question too. I don’t know what Sarah meant. I’m interested in what the 20+ solicitors said and did, and whether you got a decision from the Ombudsman. At the very least you shouldn’t be paying for your prescriptions. I hope things improve as time goes on.
Yes, I was a little confused. Solicitors have said its not within their remit because it crosses mental health law, human rights, equality, public health and clinical negligence. I don’t have the money to pay for a solicitor unfortunately and have tried most avenues. I complained to the LA and ICB around 3 months ago, and neither have given me a formal response despite my persistence. Without this response I can’t escalate it and the Ombudsmen can’t do anything. It’s also further complicated by S117 being a joint responsibility and a lack of communication between the LA and ICB and the respective ombudsmen.
Re the prescriptions, I agree, its the most black and white thing. Its nearly been 9 years which is over ÂŁ1000 in pre-payment certificates which is extremely frustrating. Moreover, at one point I was receiving monthly penalty notices from the NHS accusing me of not paying for the medication (despite having a valid prepayment) and fining me over ÂŁ1000 that I had to contest. The medication is not a combination I want to be either so that just felt like rubbing salt in the wound.
I am sorry to read these posts. I have a family member in a very similar situation and it’s not OK. It has always been difficult to pursue after care but public bodies have a lot less money now and seem to ignore you until you reach crisis point. You need to persevere. The joint 117 will be with the LA and your MH trust not necessarily an ICB unless you have physical health needs. Ask the local authority for a care needs assessment. Then ask them to arrange a 117 review meeting to follow up on how any needs identified in that assessment can be met. Ask for an Independent Mental Health Advocate to support you in that meeting. If you don’t have a care coordinator/lead practitioner ask the local authority to identify a point of contact for you in your MH trust and to help you pursue the appointment of a cc/lead practitioner. Without someone in that role you will struggle to access any 117 services. You may have a local MH advice line able to give you guidance. Try to make a friendly connection with who ever you speak to as people are less likely to fob you off or avoid you then. I know that’s hard when you have been banging your head against the wall for a long time. You could make a further complaint to the ombudsman as failing to respond to communications is in itself maladministration. You might get advice/support from Mind or the CAB. I am sad to say that we found ourselves filling the gaps by paying privately for services. My relative does now have a lead practitioner but they are still not getting the support they need. The LP often cancels appointments due to ill heath. My last bit of advice is the focus on the future. Best wishes to you
Thank you for your reply. Whilst saddening, it is somewhat reassuring to hear I am not on my own, and that there has been some, even if minor movement for your family member. You are right, it is simply not OK. In detaining someone, the state needs to acknowledge there role in taking away liberty and their promises written in law.
Currently no mental health team is willing to take me on, leaving me under the care of my GP which I presume means it would be the ICB? The mental health team actually said I don’t need to be under them to receive S117 but haven’t provided any reasonable alternative.
I have now had a care needs assessment but have heard nothing since. Seen as the NHS aren’t currently admitting my entitlement to S117 I cant have a review meeting because it needs to be both LA and NHS. I have asked for advocates along the way but have somehow always been told I don’t qualify for one.
I don’t have a care co, or a lead practitioner but because I’m not under any MH team I’m not sure if I have anyone I can ask to be a point of contact.
I am pursuing this relentlessly because I can’t sit back and let this happen to other people. I’m working out how best to go about it. I am however aware that if you have been funding private services where S117 should cover it, you are entitled to this money back. I am unsure if you have contacted the Ombudsman yourself, but that is money that should be reimbursed.
Thank you so much for your kind words and support.
I’m trying to get this too for a young man, and since July. Despite writing and quoting the law , to the MH and the LA, there is no meaningful response. And why is that? Because they know solicitors won’t challenge that. They are acting unlawfully, you know it, they know it, but it appears it’s common and no one is really standing up for people who are vulnerable. Solicitors either say they don’t have capacity or they only represent people still on a section. If the law is there to keep you from a relapse, and the NHS is supposed to be overstretched, why aren’t they doing everything to keep you safe and to enable you to lead a normal life? This is a problem that is being ignored.
I am sorry to read this, and I hope the below is helpful.
Section 117 of the Mental Health Act 1983 places a joint responsibility on the ICB (England) or Health Board (Wales) and the Local Authority to provide or arrange the provision of after-care services. The act says that after-care must meet a need arising from or related to the person’s mental disorder, and reduces the risk of a deterioration of the person’s mental condition (and, accordingly, reduces the risk of the person requiring admission to a hospital again for treatment for mental disorder).
If the ICB/HB and/or LA have not provided this, you should complain to the relevant authority. The Local Authority and health bodies will usually have two internal stages before you can escalate to the Local Government and Social Care Ombudsman (LGSCO).
For the LA: you should first write to the Council’s complaint department and ask for a review of your case. They should reply within a set time period (usually between 4-6 weeks). If you are not happy with the first investigation, you can ask for a second-stage complaint review, and again, this will take 4-6 weeks. Essentially, the Council gets two chances to make amendments if they owed a duty and did not provide you with the right after-care. If, then after the second complaint review, you still remain dissatisfied, then you can ask the Home - Local Government and Social Care Ombudsman to review the decision. It’s free to do all of the above yourself, sometimes your local MIND charity may be able to help with wrirting letters, or if you have access to a local CAB Citizens Advice service. Depending on where you are in the country, many universities will have law clinics, where law students (under supervision) may be able to offer you free support with the above.
When I worked in LA as a senior manager, I personally recall at least half a dozen cases where s117 should have been provided, and in some cases, we reimbursed funds to the person who had funded their own care.
I couldn’ t agree with you more. I don’t think there will be an easy answer. I have emailed my MP who has been helping me in getting action, but I believe that Section 117 needs to be implemented consistently and reviewed regularly. It seems as though they are hoping that patients don’t know their rights which when we are talking about vulnerable people seems to be an abuse of power. I’m trying to get this heard and make change but feel so powerless in the system that took away my liberty in the first place.
I hope that you are able to get the care that the man deserves. Since contacting my MP, he has been involved, and the ICB and LA have been responsive to him but not myself. Shouldn’t be that way, but just an idea to help the young man obtain S117.
Thank you very much for your response. Unfortunately it has now been 3 months since I filed my complaints with both the LA and ICB. Neither have provided me meaningful response or aftercare. Nor have I had a S117 needs assessment.
My concern is the ongoing impact of the lack of care. Also the 9 years of my life where I have been asking for care and not receiving it cannot be rectified by paying for the medication. During this time I got very unwell, near to admission for my physical health as a result of an ED. Support was still at this time not offered. I don’t understand how this is happening, the Mental Health Act is being used inappropriately if the promised aftercare isn’t delivered. Do you have any thoughts on this?
Mp has not been helpful so far, and because I don’t live close by, I am limited mostly to emails. I did write to the Monitoring Officer at the LA, pointing out the unlawfulness of their actions. I used AI Perplexity to formulate an email that quoted the relevant law. It wasn’t a complaint as such, but the job of the Officer is to ensure the council adheres to the law- which clearly in both cases they aren’t. I think the next stage is Judicial Review, as even when confronted with the unlawfulness, they have continued. The bigger question is: why are they operating, knowingly, unlawfully but not at all concerned? Why are solicitors unwilling to take on these cases? As you point out, these are cases involving vulnerable people and they are being forced to tackle these issues alone. The law is only effective if you can challenge it.
I don’t really have much to add from my last post, I would:
First, write to the Council (and/or the NHS body responsible for your s117) and request a review of your case.
Second, if they have not responded within 4-6 weeks, I would file a complaint with the relevant complaint department (you can usually find these online, but if you need a hand, give us a call at 0333 335 6547 - we offer free discovery calls). They should acknowledge your complaint within a week and then provide a full reply within a set time period (usually between 4-6 weeks). If you are not satisfied with the reply, you can request a second-stage complaint review and ask for reconsideration, clearly stating what you disagree with. This again will take 4-6 weeks.
Third, if, after the second stage, you remain dissatisfied, you can ask the Local Government and Social Care Ombudsman to review the decision. This is a free service; sometimes your local MIND charity or Citizens Advice service can help.