For practitioners acquainted with the decision in R(Afework) - have you ever had any experience with LAs/ICBs pushing back on providing S.117-funded accommodation because the patient doesn’t meet the third “condition” (below)?
iii) The ex-patient is being placed in the accommodation on an involuntary (in the sense of being incapacitated) basis arising as a result of the original condition.
In my experience, everyone seems to ignore this bit as “bad law” (and no wonder given there’s no legal principle behind it other than Mostyn Js view at para 18). Has this cropped up in practice for any lawyers/social workers?