# Section 117 aftercare responsibility for an 18 year old (previously a looked after child ) who has been sectioned in two different boroughs **URL:** \ **Category:** Mental Health Act\ **Tags:** aftercare\ **Created:** [2 November 2025 08:22 UTC](https://forum.mentalhealthlaw.co.uk/t/section-117-aftercare-responsibility-for-an-18-year-old-previously-a-looked-after-child-who-has-been-sectioned-in-two-different-boroughs/4568 "2025-11-02T08:22:44Z")\ **Posts on this page:** 8\ **Page:** 1
**Author:** ![Mary19](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/m/c77e96/32.png) [@Mary19](https://forum.mentalhealthlaw.co.uk/u/Mary19)\ **Post date:** [2 November 2025 08:22 UTC](https://forum.mentalhealthlaw.co.uk/t/section-117-aftercare-responsibility-for-an-18-year-old-previously-a-looked-after-child-who-has-been-sectioned-in-two-different-boroughs/4568/1 "2025-11-02T08:22:45Z")
Dear AMHPs and Social Workers, I am handling a case where D a 18 year old who has been on section 3 four times in 2 different boroughs. _ **They were a looked after child in borough X at the time of all the sectioning’s** _ . The first 2 sectioning’s was in borough X (age 14) and the last 2 were in borough Y (where their foster placement was (age 16). borough X had placed them in a foster placement in borough Y. The child is currently in a supported accommodation in borough X but the council of borough Y have been informed that they need to fund the placement as they were the last borough the child was sectioned in. My question is if the child is looked after child in borough X and their current placement is in X even though they were last sectioned in borough Y. Which borough is responsible for funding the child’s section 117 aftercare and accommodation ? ---
**Author:** ![Tracey1](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/t/ebca7d/32.png) [@Tracey1](https://forum.mentalhealthlaw.co.uk/u/Tracey1)\ **Post date:** [2 November 2025 10:19 UTC](https://forum.mentalhealthlaw.co.uk/t/section-117-aftercare-responsibility-for-an-18-year-old-previously-a-looked-after-child-who-has-been-sectioned-in-two-different-boroughs/4568/2 "2025-11-02T10:19:07Z")
I’m presuming borough X funded the OOA placement in borough Y. If so I’d say borough X would be responsible as the funding authority. ---
**Author:** ![SteveC](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/ecb155/32.png) [@SteveC](https://forum.mentalhealthlaw.co.uk/u/SteveC)\ **Post date:** [2 November 2025 11:45 UTC](https://forum.mentalhealthlaw.co.uk/t/section-117-aftercare-responsibility-for-an-18-year-old-previously-a-looked-after-child-who-has-been-sectioned-in-two-different-boroughs/4568/3 "2025-11-02T11:45:15Z")
It needs to be clearly established whether or not accommodation is part of the s117 aftercare. There is no guarantee that this will be the case, give the information that they have been looked after throughout that time (and possibly prior to their first qualifying detention). Time and again local authorities and mental health teams fail to create clear and explicit care plans on discharge which set out what is provided under s117 and what is not. If accommodation was part of the s117 aftercare at the point of last discharge, then the responsible local authority will be where they were living immediately prior to that admission. ---
**Author:** ![SteveC](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/ecb155/32.png) [@SteveC](https://forum.mentalhealthlaw.co.uk/u/SteveC)\ **Post date:** [2 November 2025 20:54 UTC](https://forum.mentalhealthlaw.co.uk/t/section-117-aftercare-responsibility-for-an-18-year-old-previously-a-looked-after-child-who-has-been-sectioned-in-two-different-boroughs/4568/4 "2025-11-02T20:54:26Z")
Just noticed the error in the last sentence of my post. The responsible local authority will indeed be the one where they were ordinarily resident immediately before their last s3 detention, but if accommodation isn’t part of the aftercare, the responsible s117 authority won’t be responsible for funding it. ---
**Author:** ![Advocate22](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/a/96bed5/32.png) [@Advocate22](https://forum.mentalhealthlaw.co.uk/u/Advocate22)\ **Post date:** [2 November 2025 21:26 UTC](https://forum.mentalhealthlaw.co.uk/t/section-117-aftercare-responsibility-for-an-18-year-old-previously-a-looked-after-child-who-has-been-sectioned-in-two-different-boroughs/4568/5 "2025-11-02T21:26:45Z")
You might find this helpful. Recently published free barrister advice re s117 rights. > **[Section 117 and Accommodation ‘Plus' - Centre for Adults' Social Care -...](https://cascaidr.org.uk/section-117-and-accommodation-plus/)** > > Here are the two Opinions done for CASCAIDr the Charity, by Alex Shattock, from Landmark Chambers, on the public law principles that underpin s117 Mental Health Act aftercare rights (Part 1) and on the principles underpinning the right to... ---
**Author:** ![Mary19](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/m/c77e96/32.png) [@Mary19](https://forum.mentalhealthlaw.co.uk/u/Mary19)\ **Post date:** [3 November 2025 09:59 UTC](https://forum.mentalhealthlaw.co.uk/t/section-117-aftercare-responsibility-for-an-18-year-old-previously-a-looked-after-child-who-has-been-sectioned-in-two-different-boroughs/4568/6 "2025-11-03T09:59:01Z")
Thank you Tracey, this is helpful! ---
**Author:** ![Mary19](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/m/c77e96/32.png) [@Mary19](https://forum.mentalhealthlaw.co.uk/u/Mary19)\ **Post date:** [3 November 2025 09:59 UTC](https://forum.mentalhealthlaw.co.uk/t/section-117-aftercare-responsibility-for-an-18-year-old-previously-a-looked-after-child-who-has-been-sectioned-in-two-different-boroughs/4568/7 "2025-11-03T09:59:06Z")
Thank you Steve, appreciate the information! ---
**Author:** ![Mary19](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/m/c77e96/32.png) [@Mary19](https://forum.mentalhealthlaw.co.uk/u/Mary19)\ **Post date:** [3 November 2025 10:00 UTC](https://forum.mentalhealthlaw.co.uk/t/section-117-aftercare-responsibility-for-an-18-year-old-previously-a-looked-after-child-who-has-been-sectioned-in-two-different-boroughs/4568/8 "2025-11-03T10:00:03Z")
Thank you Aidan for sharing this document, much appreciated!