# \#aftercare **URL:** https://forum.mentalhealthlaw.co.uk/tag/aftercare/12.md [Latest](https://forum.mentalhealthlaw.co.uk/latest.md) · [Categories](https://forum.mentalhealthlaw.co.uk/categories.md) · [Tags](https://forum.mentalhealthlaw.co.uk/tags.md) --- ## [Section 117 and adaptation to bungalow](https://forum.mentalhealthlaw.co.uk/t/section-117-and-adaptation-to-bungalow/6208)
**Author:** [@Kali](https://forum.mentalhealthlaw.co.uk/u/Kali)\ **Replies:** 8\ **Last updated:** [16 October 2026 16:16 UTC](https://forum.mentalhealthlaw.co.uk/t/section-117-and-adaptation-to-bungalow/6208 "2026-10-16T16:16:00Z")
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 si… --- ## [S117 service charge and rent](https://forum.mentalhealthlaw.co.uk/t/s117-service-charge-and-rent/6056)
**Author:** [@Rax656](https://forum.mentalhealthlaw.co.uk/u/Rax656)\ **Replies:** 7\ **Last updated:** [11 September 2026 09:51 UTC](https://forum.mentalhealthlaw.co.uk/t/s117-service-charge-and-rent/6056 "2026-09-11T09:51:07Z")
I have been discharged from hospital 3 months ago and I’m eligible for s117 aftercare but the council and ICB are not funding my aftercare package. I have been placed without any choice in 24 hour supported accommodation… --- ## [Section 117 choice of accommodation](https://forum.mentalhealthlaw.co.uk/t/section-117-choice-of-accommodation/6044)
**Author:** [@MHProfessional](https://forum.mentalhealthlaw.co.uk/u/MHProfessional)\ **Replies:** 2\ **Last updated:** [27 August 2026 08:11 UTC](https://forum.mentalhealthlaw.co.uk/t/section-117-choice-of-accommodation/6044 "2026-08-27T08:11:27Z")
In Wales, we have a regulation which captures choice, aptly named The Care and Support (Choice of Accommodation) (Wales) Regulations 2015. From my experience, and it is anecdotal, no local authority or Local Health Board… --- ## [Aftercare accommodation and being placed "on an involuntary (in the sense of being incapacitated) basis"](https://forum.mentalhealthlaw.co.uk/t/aftercare-accommodation-and-being-placed-on-an-involuntary-in-the-sense-of-being-incapacitated-basis/6025)
**Author:** [@Cia](https://forum.mentalhealthlaw.co.uk/u/Cia)\ **Replies:** 6\ **Last updated:** [26 August 2026 12:50 UTC](https://forum.mentalhealthlaw.co.uk/t/aftercare-accommodation-and-being-placed-on-an-involuntary-in-the-sense-of-being-incapacitated-basis/6025 "2026-08-26T12:50:36Z")
Continuing the discussion from Aftercare accommodation and "original condition": Thanks I have noticed that other decisions by the LGSCO including 23 005 368 - Local Government and Social Care Ombudsman also directly li… --- ## [S117/CHC/other entitlement to free mental health care](https://forum.mentalhealthlaw.co.uk/t/s117-chc-other-entitlement-to-free-mental-health-care/5931)
**Author:** [@alexkutz](https://forum.mentalhealthlaw.co.uk/u/alexkutz)\ **Replies:** 8\ **Last updated:** [25 August 2026 09:42 UTC](https://forum.mentalhealthlaw.co.uk/t/s117-chc-other-entitlement-to-free-mental-health-care/5931 "2026-08-25T09:42:03Z")
I work with MH residents in a care home setting. My understanding is that S117 only applies to patients admitted to hospital under section 3, but I am wondering whether voluntary admission is now becoming a term used to … --- ## [Aftercare accommodation and "original condition"](https://forum.mentalhealthlaw.co.uk/t/aftercare-accommodation-and-original-condition/5958)
**Author:** [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\ **Replies:** 7\ **Last updated:** [18 August 2026 23:37 UTC](https://forum.mentalhealthlaw.co.uk/t/aftercare-accommodation-and-original-condition/5958 "2026-08-18T23:37:22Z")
In Surrey County Council (LGSCO 25 016 444, 13 May 2026) the LGSCO said in passing that: Accommodation can generally only be part of section 117 aftercare if: … the need for the accommodation arises from, or is related… --- ## [Conditional discharge recall and s117 responsibility](https://forum.mentalhealthlaw.co.uk/t/conditional-discharge-recall-and-s117-responsibility/2004)
**Author:** [@fsswdoc](https://forum.mentalhealthlaw.co.uk/u/fsswdoc)\ **Replies:** 26\ **Last updated:** [8 May 2026 13:46 UTC](https://forum.mentalhealthlaw.co.uk/t/conditional-discharge-recall-and-s117-responsibility/2004 "2026-05-08T13:46:04Z")
Hi all, Been reading a few posts about the impact of the Supreme Court ruling on Section 3 and CTO (interestingly this is still a topic of debate amongst if recall leads to redetermination of OR in 117). \[Some text mov… --- ## [S117 aftercare - scope and provision of childcare costs?](https://forum.mentalhealthlaw.co.uk/t/s117-aftercare-scope-and-provision-of-childcare-costs/5397)
**Author:** [@anonymous89](https://forum.mentalhealthlaw.co.uk/u/anonymous89)\ **Replies:** 12\ **Last updated:** [1 April 2026 08:49 UTC](https://forum.mentalhealthlaw.co.uk/t/s117-aftercare-scope-and-provision-of-childcare-costs/5397 "2026-04-01T08:49:07Z")
Mother of young children is eligible for s117 aftercare. We are trying to argue that provision of nursery fees could be funded by s117. Note guidance says to take a “broad” approach. Getting push back that this is not re… --- ## [MHA 2025, S.117 and the deeming provision: have they gone and (not) done it again?](https://forum.mentalhealthlaw.co.uk/t/mha-2025-s-117-and-the-deeming-provision-have-they-gone-and-not-done-it-again/5208)
**Author:** [@TimGorvett](https://forum.mentalhealthlaw.co.uk/u/TimGorvett)\ **Replies:** 13\ **Last updated:** [28 February 2026 12:12 UTC](https://forum.mentalhealthlaw.co.uk/t/mha-2025-s-117-and-the-deeming-provision-have-they-gone-and-not-done-it-again/5208 "2026-02-28T12:12:51Z")
Looking at the new 2025 MH Act which popped out by surprise just before Xmas-only 25 years in the making-but baffled by what I am seeing in s.46(3A) about the re-definition of ordinary residence and therefore the determi… --- ## [Ongoing lack of S117](https://forum.mentalhealthlaw.co.uk/t/ongoing-lack-of-s117/4944)
**Author:** [@afterwhatcare](https://forum.mentalhealthlaw.co.uk/u/afterwhatcare)\ **Replies:** 14\ **Last updated:** [30 January 2026 10:00 UTC](https://forum.mentalhealthlaw.co.uk/t/ongoing-lack-of-s117/4944 "2026-01-30T10:00:47Z")
Hello, I am seeking advice on my current situation. 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 aftercar… --- ## [S117, Accommodation and Housing Benefit](https://forum.mentalhealthlaw.co.uk/t/s117-accommodation-and-housing-benefit/4994)
**Author:** [@JadieH](https://forum.mentalhealthlaw.co.uk/u/JadieH)\ **Replies:** 2\ **Last updated:** [21 January 2026 12:18 UTC](https://forum.mentalhealthlaw.co.uk/t/s117-accommodation-and-housing-benefit/4994 "2026-01-21T12:18:27Z")
In several cases over the last few years, the LGO has said in their judgements that for individuals who have accommodation included within their s117 aftercare plans, they should not be asked to claim housing benefit to … --- ## [JWT or Judicial Review?](https://forum.mentalhealthlaw.co.uk/t/jwt-or-judicial-review/4878)
**Author:** [@DorisDay](https://forum.mentalhealthlaw.co.uk/u/DorisDay)\ **Replies:** 13\ **Last updated:** [31 December 2025 17:25 UTC](https://forum.mentalhealthlaw.co.uk/t/jwt-or-judicial-review/4878 "2025-12-31T17:25:55Z")
F was detained under section 3. Schizoaffective disorder. Two weeks before the end of section she was downgraded to section 2 and according to PALS final letter made an involuntary patient. No records have been releas… --- ## [Local Authorities citing recall as an end to aftercare and a 'new' detention beginning meaning a change in RLA](https://forum.mentalhealthlaw.co.uk/t/local-authorities-citing-recall-as-an-end-to-aftercare-and-a-new-detention-beginning-meaning-a-change-in-rla/4725)
**Author:** [@ClarkeMar](https://forum.mentalhealthlaw.co.uk/u/ClarkeMar)\ **Replies:** 3\ **Last updated:** [3 December 2025 19:04 UTC](https://forum.mentalhealthlaw.co.uk/t/local-authorities-citing-recall-as-an-end-to-aftercare-and-a-new-detention-beginning-meaning-a-change-in-rla/4725 "2025-12-03T19:04:24Z")
Hello All Does anyone have any particular experience with Responsible Local Authorities ending 117 entitlements for a patient who’s qualifying section was s.37/41 and is later recalled to hospital. The RLA now holding t… --- ## [S117 and quashed sentence](https://forum.mentalhealthlaw.co.uk/t/s117-and-quashed-sentence/4712)
**Author:** [@ClarkeMar](https://forum.mentalhealthlaw.co.uk/u/ClarkeMar)\ **Replies:** 2\ **Last updated:** [26 November 2025 15:08 UTC](https://forum.mentalhealthlaw.co.uk/t/s117-and-quashed-sentence/4712 "2025-11-26T15:08:29Z")
Does anyone have any experience of a person’s entitlement to s.117 aftercare being denied following the conviction and subsequent hospital order with restrictions being quashed at court? Many thanks --- ## [S117 being ignored](https://forum.mentalhealthlaw.co.uk/t/s117-being-ignored/4675)
**Author:** [@Dax](https://forum.mentalhealthlaw.co.uk/u/Dax)\ **Replies:** 0\ **Last updated:** [19 November 2025 13:30 UTC](https://forum.mentalhealthlaw.co.uk/t/s117-being-ignored/4675 "2025-11-19T13:30:25Z")
The person concerned was discharged from a S3 in July without any aftercare. Despite my complaint it has not been resolved in any way. I was told the complaint would be answered after 60 days. It hasn’t been. The LA say … --- ## [Automatically ending s117 duty when patient is re-detained in another borough](https://forum.mentalhealthlaw.co.uk/t/automatically-ending-s117-duty-when-patient-is-re-detained-in-another-borough/4581)
**Author:** [@anonymous34](https://forum.mentalhealthlaw.co.uk/u/anonymous34)\ **Replies:** 3\ **Last updated:** [6 November 2025 16:50 UTC](https://forum.mentalhealthlaw.co.uk/t/automatically-ending-s117-duty-when-patient-is-re-detained-in-another-borough/4581 "2025-11-06T16:50:21Z")
Hi Can LAs and NHS bodies automatically end s117, without reviewing/involving the patient who continues to have s117 needs because they became aware that the patient moved to another borough and was re-detained in that … --- ## [S117a and Care Act Assessment Eligibility](https://forum.mentalhealthlaw.co.uk/t/s117a-and-care-act-assessment-eligibility/4556)
**Author:** [@Kinloss](https://forum.mentalhealthlaw.co.uk/u/Kinloss)\ **Replies:** 5\ **Last updated:** [4 November 2025 01:53 UTC](https://forum.mentalhealthlaw.co.uk/t/s117a-and-care-act-assessment-eligibility/4556 "2025-11-04T01:53:41Z")
In the case of a child (17yo) who was detained under a S117a qualifying section where there is a duty on the relevant statutory bodies to provide aftercare to meet assessed needs relating to original MHA detention for tr… --- ## [Section 117 aftercare responsibility for an 18 year old (previously a looked after child ) who has been sectioned in two different boroughs](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)
**Author:** [@Mary19](https://forum.mentalhealthlaw.co.uk/u/Mary19)\ **Replies:** 7\ **Last updated:** [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 "2025-11-03T10:00:03Z")
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 . T… --- ## [S117, Probation Licence, MAPPA, ICB Responsibility](https://forum.mentalhealthlaw.co.uk/t/s117-probation-licence-mappa-icb-responsibility/4426)
**Author:** [@Laura82](https://forum.mentalhealthlaw.co.uk/u/Laura82)\ **Replies:** 2\ **Last updated:** [12 October 2025 09:19 UTC](https://forum.mentalhealthlaw.co.uk/t/s117-probation-licence-mappa-icb-responsibility/4426 "2025-10-12T09:19:56Z")
Person entitled to S117 pre custody following detention under section 3 following a serious incident of self-harm in the community and remains entitled to S117 as not discharged from S117 prior to, or during custody. Cu… --- ## [S.117 & "incapacity"](https://forum.mentalhealthlaw.co.uk/t/s-117-incapacity/3563)
**Author:** [@ZacSussex](https://forum.mentalhealthlaw.co.uk/u/ZacSussex)\ **Replies:** 4\ **Last updated:** [14 April 2025 19:28 UTC](https://forum.mentalhealthlaw.co.uk/t/s-117-incapacity/3563 "2025-04-14T19:28:30Z")
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” (b… --- ## [Section 117 responsibility when patient changes GP in hospital](https://forum.mentalhealthlaw.co.uk/t/section-117-responsibility-when-patient-changes-gp-in-hospital/3454)
**Author:** [@Shirley.brennan](https://forum.mentalhealthlaw.co.uk/u/Shirley.brennan)\ **Replies:** 2\ **Last updated:** [14 April 2025 17:38 UTC](https://forum.mentalhealthlaw.co.uk/t/section-117-responsibility-when-patient-changes-gp-in-hospital/3454 "2025-04-14T17:38:46Z")
Continuing the discussion from ICB commissioning responsibility for detained patients: I have only just joined and still unsure how or where to ask questions but this post is pertinent to the question I wish to ask if s… --- ## [Section 117 aftercare and how funding is assessed -- is the default a 50/50 split?](https://forum.mentalhealthlaw.co.uk/t/section-117-aftercare-and-how-funding-is-assessed-is-the-default-a-50-50-split/3492)
**Author:** [@ma068357](https://forum.mentalhealthlaw.co.uk/u/ma068357)\ **Replies:** 2\ **Last updated:** [7 April 2025 16:05 UTC](https://forum.mentalhealthlaw.co.uk/t/section-117-aftercare-and-how-funding-is-assessed-is-the-default-a-50-50-split/3492 "2025-04-07T16:05:32Z")
Good morning, Has anyone ever heard of a rule/law/caselaw that states that the default position on funding for a section 117 patient is default to 50% 50% please? I do not see the point of assessments if this is the cas… --- ## [Discharged from CTO and don't want to be subject to s117](https://forum.mentalhealthlaw.co.uk/t/discharged-from-cto-and-dont-want-to-be-subject-to-s117/3502)
**Author:** [@1964](https://forum.mentalhealthlaw.co.uk/u/1964)\ **Replies:** 7\ **Last updated:** [30 March 2025 12:36 UTC](https://forum.mentalhealthlaw.co.uk/t/discharged-from-cto-and-dont-want-to-be-subject-to-s117/3502 "2025-03-30T12:36:09Z")
I was released from hospital several years ago…and placed on a CTO… being kept on it because MHT members put into legal documents that I had criminal convictions for various crimes,for which is not true…I continuously c… --- ## [Point system for s117 eligibility?](https://forum.mentalhealthlaw.co.uk/t/point-system-for-s117-eligibility/3456)
**Author:** [@wendy2](https://forum.mentalhealthlaw.co.uk/u/wendy2)\ **Replies:** 1\ **Last updated:** [13 March 2025 22:24 UTC](https://forum.mentalhealthlaw.co.uk/t/point-system-for-s117-eligibility/3456 "2025-03-13T22:24:38Z")
Ive had a new one today where a dementia patient was placed on s2, then s3 due to levels of aggression. She is still on 1:1 but the hospital have said that they have done all they can for her and she needs to be transfer… --- ## [ICB commissioning responsibility for detained patients](https://forum.mentalhealthlaw.co.uk/t/icb-commissioning-responsibility-for-detained-patients/1465)
**Author:** [@Richard\_Rook](https://forum.mentalhealthlaw.co.uk/u/Richard_Rook)\ **Replies:** 1\ **Last updated:** [2 February 2023 09:43 UTC](https://forum.mentalhealthlaw.co.uk/t/icb-commissioning-responsibility-for-detained-patients/1465 "2023-02-02T09:43:14Z")
Does anyone understand the bits of the National Health Service (Integrated Care Boards: Responsibilities) Regulations 2022 which changed the rules for who is responsible for commissioning hospital places an s117 aftercar… --- ## [Cases where patients have appealed their discharge from s117 aftercare](https://forum.mentalhealthlaw.co.uk/t/cases-where-patients-have-appealed-their-discharge-from-s117-aftercare/3174)
**Author:** [@JadieH](https://forum.mentalhealthlaw.co.uk/u/JadieH)\ **Replies:** 6\ **Last updated:** [8 March 2025 23:06 UTC](https://forum.mentalhealthlaw.co.uk/t/cases-where-patients-have-appealed-their-discharge-from-s117-aftercare/3174 "2025-03-08T23:06:28Z")
Hello, anyone aware of any cases where patients have appealed or disputed their discharge from S117 aftercare? Thanks :slight\_smile: --- ## [Does a S47/49 work in the same way as a S3 in terms of 117 aftercare following the Worcestershire ruling?](https://forum.mentalhealthlaw.co.uk/t/does-a-s47-49-work-in-the-same-way-as-a-s3-in-terms-of-117-aftercare-following-the-worcestershire-ruling/3256)
**Author:** [@STEPC](https://forum.mentalhealthlaw.co.uk/u/STEPC)\ **Replies:** 1\ **Last updated:** [12 February 2025 16:53 UTC](https://forum.mentalhealthlaw.co.uk/t/does-a-s47-49-work-in-the-same-way-as-a-s3-in-terms-of-117-aftercare-following-the-worcestershire-ruling/3256 "2025-02-12T16:53:01Z")
Hi all. Just wondering - Does a S47/49 work in the same way as a S3 in terms of 117 aftercare following the Worcestershire ruling? As in would the most recent S47/49 (and a change of Ordinary residence) mean that the S1… --- ## [Payment for staffed accommodation under s117](https://forum.mentalhealthlaw.co.uk/t/payment-for-staffed-accommodation-under-s117/3199)
**Author:** [@Andy\_Howarth\_2](https://forum.mentalhealthlaw.co.uk/u/Andy_Howarth_2)\ **Replies:** 8\ **Last updated:** [4 February 2025 21:02 UTC](https://forum.mentalhealthlaw.co.uk/t/payment-for-staffed-accommodation-under-s117/3199 "2025-02-04T21:02:50Z")
I’m advising a client who is in supported accommodation with staff on site. My understanding was that the supported accommodation was provided under s117. The rent has for years been paid by Housing Benefit, as is quite… --- ## [Section 117/restricted FTT -- no LA will take responsibility](https://forum.mentalhealthlaw.co.uk/t/section-117-restricted-ftt-no-la-will-take-responsibility/3136)
**Author:** [@Lawyermentalhealth](https://forum.mentalhealthlaw.co.uk/u/Lawyermentalhealth)\ **Replies:** 9\ **Last updated:** [23 January 2025 18:06 UTC](https://forum.mentalhealthlaw.co.uk/t/section-117-restricted-ftt-no-la-will-take-responsibility/3136 "2025-01-23T18:06:25Z")
I have a s37/41 client due a FTT imminently. His team believe he is ready for a conditional discharge however there are s117 issues - no one wishes to take responsibility in providing aftercare. He is placed in an out of… --- ## [S117 Welsh patient and top-up fees](https://forum.mentalhealthlaw.co.uk/t/s117-welsh-patient-and-top-up-fees/2598)
**Author:** [@Andy\_Howarth\_2](https://forum.mentalhealthlaw.co.uk/u/Andy_Howarth_2)\ **Replies:** 3\ **Last updated:** [23 September 2024 07:39 UTC](https://forum.mentalhealthlaw.co.uk/t/s117-welsh-patient-and-top-up-fees/2598 "2024-09-23T07:39:03Z")
I’ve been in correspondence with a woman whose parent has been detained under s.3 for nearly 9 months, and has been stable for 4. The parent needs to leave hospital but can’t go home. A care home has been identified, bu… [Next page](https://forum.mentalhealthlaw.co.uk/tag/aftercare/12.md?match_all_tags=true&page=1&tags%5B%5D=aftercare)