Hi, a colleague has raised the following query and I would be interested in people’s views. “ A person detained on S37 will be moving back to their home country on discharge, does S117 end automatically or should there still be a formal meeting to discharge from S117 aftercare.” If the person were remaining in England, on discharge from hospital they would need CMHT input. As far as I am aware, the person will be taken to a port of embarkation on discharge, the home office is “supporting him leaving”. I understand from a previous thread that you can’t end S117 whilst in the hospital but, as the MHA doesn’t apply outside the UK, does the S117 entitlement automatically end as there will be no opportunity, post discharge, to review and discharge. I hope this makes sense!
I would suggest a formal discharge from s117 happens following the person’s departure from the country, providing the plan is for them to permanently return to their home country. If they are likely to return, I would think that discharge would not be indicated.
But as discharge from s117 doesn’t happen automatically, I think there will need to be a degree of formality (something written) although if they have left the country, I would suggest it can be done pretty simply, as an administrative process between the LA and the ICB.
Thanks for responding Steve. It is unlikely the person will return as they were here “illegally”. My thoughts were similar to yours i.e. once discharged from hospital, follow the process to discharge from S117 aftercare with the LA and ICB completing the relevant form so there is a record. I was unsure though as I could only find one document that mentioned someone going overseas and the scenario was a little different. Thanks again.