Mental health

If the person you're looking after has been compulsorily detained in a psychiatric hospital, they're eligible for free aftercare when they leave hospital. Aftercare means they won't receive a financial assessment for any social or health services provided to them.

This right to free services was established in section 117 of the Mental Health Act 1983. It applies in the following situations:

• When someone has been compulsorily detained in hospital under section 3 of the Mental Health Act.
• When someone has been sentenced by a criminal court to detention in a psychiatric hospital.
• When someone has been transferred to psychiatric hospital from prison.

It doesn't apply to people who have been detained in hospital for assessment under section 2 of the Mental Health Act, or people who have been detained in an emergency under section 4 of the Mental Health Act.

Section 117 doesn’t apply to people who have been voluntary patients in psychiatric hospital. However, it may apply if someone who was previously compulsorily detained in hospital under section 3 agrees to stay there on a voluntary basis. The purpose of providing free aftercare is to try to prevent someone’s condition deteriorating so that they need to be readmitted to hospital.

How to get access to section 117 services

Someone who's eligible for section 117 services will be assessed before they're discharged from hospital. They will receive a care plan stating the services that will be provided.

What are section 117 services?

Services under section 117 can include almost anything that helps someone to live in the community. They may include, for example, help with accommodation, social care support, day centre facilities or recreational activities. Section 117 doesn't refer to any specific services, so it may be possible to argue that it covers the services that the person you're looking after requires.

The section 117 care plan will make arrangements for housing needs, particularly if someone is going to be homeless when they're discharged from hospital or can't return to their own home for some reason. The accommodation provided may be in supported housing, such as a hostel.

Termination of section 117 services

If social services or the relevant healthcare organisation believes that someone no longer needs aftercare, section 117 services may be withdrawn. However, the organisation must do a reassessment of need before they can come to that conclusion.

The relevant organisation has to provide reasons for any decision that section 117 services are no longer needed. People with significant mental health problems may be able to argue that they're at risk of needing readmission to hospital. In such a case, section 117 will continue to apply indefinitely.

If section 117 no longer applies it doesn't necessarily mean that the services will be withdrawn. A financial assessment will be carried out to decide whether the person receiving the services has to make a financial contribution.

Disputes about section 117 services

You or the person you're looking after may believe that you're being incorrectly charged for services that should be provided for free under section 117.

This is a complex area. If you feel that this may apply to you or the person you're looking after, it's best to get legal advice. For sources of advice see External links.