Some people who have been kept in hospital under the Mental Health Act can get free help and support after they leave hospital. The law that gives this right is section 117 of the Mental Health Act, and it is often referred to as 'section 117 aftercare'.
Aftercare is the help you will get in the community after you leave hospital. This can cover all kinds of things like healthcare, social care and supported accommodation.
Section 117 of the Mental Health Act says that aftercare services are services which are intended to:
- meet a need that arises from or relates to your mental health problem, and
- reduce the risk of your mental condition getting worse, and you having to go back to hospital
Who can get section 117 aftercare?
You can get free aftercare under section 117 if you have been detained:
- for treatment under section 3
- under a hospital order under section 37
- following transfer from prison under section 47 or 48
- under a hospital direction under section 45A
- you have been discharged onto a community treatment order, or
- you are a restricted patient on a conditional discharge.
Examples
| Person A is being discharged from a section 2 | This is not covered by section 117, so they are not entitled to section 117 aftercare |
| Person B is being discharged from hospital after spending a month as a voluntary patient | Voluntary patients are not covered under section 117, so they are not entitled to aftercare. |
| Person C is on trial leave to a supported accommodation placement while they remain on section 3 | As their leave is long term and unescorted, section 117 should apply and the support they needs may be covered under section 117. |
| Person D was discharged from section 3 but did not feel ready to leave hospital and so spent over a month as a voluntary patient | Section 3 is covered by section 117 aftercare, so even though they stayed on as a voluntary patient, they are entitled to free aftercare services under section 117. |
| Person E has been transferred to hospital from prison under section 47. | When the criteria for detention under the Mental Health Act no longer apply, they are returned to prison. They are entitled to aftercare services under section 117. |
What kinds of services are covered?
The English and Welsh Codes of Practice have examples of what sort of things might make up aftercare services under section 117.
These include:
- healthcare
- social care and employment services
- supported accommodation
- services to meet your social, cultural and spiritual needs – as long as they meet a need that arises from or is related to your mental condition and help reduce the risk of your mental condition getting worse.
Medication
Medication can come under section 117, which means that it should be provided free. A social worker should be able to help support claiming free prescriptions for any medication (included as part of the aftercare).
Example
|
An individual is being discharged from hospital after being detained under section 3. They have a diagnosis of bipolar disorder and has a history of difficulties with drugs and alcohol, which have had an impact on their mental health. They also have type 1 diabetes. |
This individual is entitled to drug and alcohol counselling services under section 117, as these meet needs which relate to their mental disorder and reduce the risk that they will have to be readmitted to hospital for treatment of their mental condition. They cannot be charged for these services. But they don't have the right to any free social care services under section 117 for their diabetes, as this is a physical rather than a mental condition. |
Direct Payments
Local authorities can make payments directly to the person, or to someone else suitable, to pay for aftercare services under section 117. For this to happen, the person must be an adult, and:
- must have the capacity to ask for direct payments
- if they want someone to act on their behalf, the nominated person must agree to it
- the local authority must be satisfied the person or anyone acting on their behalf are capable of managing the direct payments, if necessary with help from others, such as family members
- the local authority is satisfied that making direct payments is an appropriate way of meeting care and support needs
How long does section 117 aftercare last?
Aftercare services under section 117 will be provided until the integrated care board and the local authority are satisfied these services are no longer required. The person receiving the aftercare should be fully involved in any decision-making process to end it. If services are taken away and the persons mental condition begins to deteriorate, then services should be put back to stop the persons condition from getting worse.
Ending aftercare
There are no clear rules in the Mental Health Act for deciding when a person no longer needs aftercare; but section 117 of the MHA says that it is up to the health and social services to make a joint decision it is no longer needed. They must be able to give clear reasons for their decision, and needs must be reassessed before the aftercare is ended, to see how the persons mental health and ability to manage would be affected.
Adult Social Care contact information
- 01908 253772
Monday to Friday 8:45am - 5:00pm, Civic, 1 Saxon Gate East, Central Milton Keynes MK9 3EJ
Adult Services Care Charging Team contact information
- 01908 253337