Advice

What is Section 117 after-care?

Some people who have been detained in hospital under the Mental Health Act can get free after-care services once they leave hospital. The law that gives this right is section 117 of the Mental Health Act. It applies to people of all ages, including children and young people.  

Section 117 places a duty on Integrated Care Boards (ICB) and Local Social Services Authorities, to provide (or arrange for the provision of) free after-care services to anyone who the section applies to.

Who can get Section 117 after-care?   

A patient becomes eligible for after-care under Section 117 when they leave hospital after being detained under one of the following: 

• 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 

Although entitlement to aftercare begins on discharge from detention and leaving hospital, it extends to a patient who goes on leave of absence under Section 117, a patient going onto a Community Treatment Order (CTO) or a restricted patient who is conditionally discharged.

What kinds of services are covered? 

As soon as someone is detained under the Mental Health Act, planning for their discharge should begin. Health and social care assessments should be undertaken to identify the after-care services necessary to meet their needs. In addition to patients themselves, the care planning process may involve carers and a wide range of professionals. 

After-care services can encompass healthcare, social care and employment services, supported accommodation and services to meet the person’s wider social, cultural and spiritual needs, however the services provided must: 

• meet a need that arises directly from or is related to the particular patient’s mental disorder, and 
• reduces the risk of deterioration in the patient’s mental condition. 

When will free after-care end?  

The duty to provide after-care exists until both the ICB and Local Authority agree that the patient is no longer in need of any after-care services. The ICB and the Local Authority should fully involve the patient and (if indicated) their carer and/or advocate in plans to discharge them from after-care, it should not end solely on the grounds that:  

• the patient has been discharged from specialist mental health services, such as a community mental health team (CMHT)
• a certain length of time has passed since they left hospital 
• they go back to hospital voluntarily or under section 2 
• their community treatment order (CTO) has ended 
• they refuse after-care services

Further information and advice

Rethink Mental Illness advice and information service offers practical advice on a wide range of topics to people living with mental illness and their carers. As well as a helpline open Monday to Friday, 9.30 – 4 pm, you can contact them by email or webchat. Click here to find out more. 

Mind operate a Legal Line which offers legal information and general advice on mental health related law. It is open Monday to Friday, 9 – 6 pm on 0300 466 6463. 

For further information contact York Carers Centre on enquiries@yorkcarerscentre.co.uk or call 01904 715 490 or contact City of York Council on adult.socialsupport@york.gov.uk or call 01904 555 111.