Section 117 Aftercare

Section 117 aftercare is one of the strongest social care rights in English law. The joint duty is on the council and Integrated Care Board (formerly CCG) that meet relevant criteria. Aftercare must meet eligible needs arising from the original mental disorder — typically care home placement, supported accommodation, community mental health services, talking therapy, social inclusion activities. Section 117 aftercare cannot be means-tested. R v Manchester City Council ex parte Stennett [2002] confirmed this. Disputes can be challenged through complaints, mental health tribunal arguments, and judicial review.

In practice, the most valuable thing about section 117 is what it removes: the financial assessment. If the entitlement applies, the council and the NHS must fund the aftercare that meets needs arising from the mental disorder, and they cannot charge for it, means-test it, or ask the person to top it up. That can be worth many hundreds of pounds a week where the aftercare includes supported accommodation or a residential placement.

Worked example: Priya is discharged after a period of detention under section 3. Her aftercare plan includes a placement in supported housing, a care coordinator, weekly psychology sessions and support to attend a community group. Two years later the council writes proposing a financial assessment because her savings have risen after an inheritance. Her advocate points out that the accommodation and support were provided under section 117 and that no charge can be made, whatever her capital. Later, the team suggests discharging her from section 117 because she has been stable for a year. Her advocate asks for the decision in writing, points out that both the council and the integrated care board must agree, and argues that stability achieved because of the aftercare is not a reason to remove it.

The pitfalls repeat across the country. Councils and NHS bodies sometimes charge in error, particularly where a placement is arranged under the Care Act instead — check which statute the service is provided under, and ask for it in writing. Section 117 does not cover every need, only those arising from the mental disorder and aimed at reducing the risk of readmission, so ordinary personal care unrelated to the disorder can still be charged for. Entitlement is not time-limited and does not lapse because the person moved area, though responsibility follows the area where they were ordinarily resident before detention. And if aftercare is withdrawn without both bodies agreeing, that decision is challengeable.

Section 117 flows from detention under the Mental Health Act 1983, can be argued before the Mental Health Tribunal, and sits alongside NHS Continuing Healthcare where physical health needs also apply. Read our guide to discharge and aftercare, and ask for an IMHA if you are still detained.