Sec37 patient living at mothers one bed council bungalow. Sleeping in a 33 square ft windowless cupboard. Adaptation to make space 57 sq ft with window refused by council. Patient has had no sec 117 care plan in place since discharge 21 months ago. Being assessed shortly. How does 117 apply in this instance?
Anyone got an opinion on this? Could really do with some help.
He should have had a sec 117 Plan but unless it’s accommodation due to his mental disorder it won’t be covered
My son was discharged to supported living where he spent a year. The hospital discharged him to an empty flat (that’s another story) he has been with me 10 months now. I applied for adaptation but the council said no. I was hoping to get it put in his sec 117 care plan, that as I said was never done from discharge. And as sec 117 is joint between nhs and council I was hoping it would make someone help us get it done.
I read your two posts. I am not in a position to advise and do not. I can give opinion based on statistical situations similar to what you describe. I’ve heard similar before.
The primary issue is whether a S117 exists now. Over the years it has become an increasingly difficult thing to find out. On the other hand once started I’ve never seen an official end to it in over 30 years of experience.
S117 is mandatory post S37 discharge (or its equivalent).
The accommodation related issues are there and can easily confound what you need to know upfront.
In situations like yours - if it was me - I would go into ‘War Mode’, which does not mean violence.
Most people think it’s the hospital that discharged from Section (whatever). The reality is quite different and normally nobody in ‘hospital management’ discharges a patient.
People in similar situations need to get activated - because nobody is coming to help you. Letters to Chief Execs sent by recorded delivery may be a consideration. Always keep copies and recorded delivery receipts. If you decide to go that way, stick closely to the S117 issue.
Yes he still has sec 117 entitlement. He is being assessed shortly to finally get the plan done. But my really question is will anyone commit eg hospital or council to helping get him out of a 33 sq ft windowless cupboard.
You would have to argue that the building work comes within the definition of after-care in s117.
(6) In this section, “after-care services”, in relation to a person, means services which have both of the following purposes—
(a) meeting a need arising from or related to the person’s mental disorder; and
(b) reducing the risk of a deterioration of the person’s mental condition (and, accordingly, reducing the risk of the person requiring admission to a hospital again for treatment for mental disorder).
The Code of Practice says it should be interpreted broadly (see The definition of aftercare - Mental Health Law Online), though I don’t know whether it would extend as far as you want. I guess someone who wants to help could justify it to the bean-counters, but someone who doesn’t could equally well justify that to the court.
Well as the council have said no and his mental health team are the most uncaring people you have ever met and have been no help at all. I guess I am in a no win situation. What happened to human decency.
Hi Michaela,
If you are providing support to your son, and it is impacting on your wellbeing, you will be entitled to an assessment in your own right. Care Act factsheet 4: Legal duties for a carers assessment - SCIE
When undertaking an assessment, consideration should be made to a person’s living environment/suitability of accommodation. If there is assessed need, exploration will be required to consider how this is meet. This could include supporting the person to apply for support under the Housing Acct 1996 to the provision of accommodation, or anything in between. This siute provides some useful info Understanding s.117 Aftercare Accommodation – EM LawShare
Take care