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Section 117 Aftercare

Free aftercare services that the NHS and council must jointly provide for life under section 117 Mental Health Act 1983 to anyone who has been detained under section 3, 37, 47, 48 or related forensic sections. Cannot be charged for. Continues until both bodies agree the person no longer needs 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.

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