Do I have to pay for Section 117 aftercare?
Short answer
No. Section 117 aftercare is free by law, whatever your income, savings or assets — councils and the NHS cannot means-test it or charge for it. It applies after discharge from Section 3 and certain criminal-court sections, and lasts as long as you need it. Charges already paid can be recovered.
No. Section 117 of the Mental Health Act 1983 places a joint duty on the NHS, through Integrated Care Boards, and on your local authority to provide aftercare — and services provided under that duty are free. It is not discretionary and it is not means-tested.
What the free entitlement covers
Section 117 covers any service designed to meet a need arising from your mental disorder and to reduce the risk of your condition worsening or of you being readmitted. In practice that can include:
- Community mental health support — a care coordinator, a community psychiatric nurse, outpatient appointments
- Supported accommodation, or residential care in a mental health facility
- Day services, social activities and employment support
- Medication management and pharmacy costs
- Carer support services
It applies after discharge from Section 3 and from Sections 37, 41, 45A, 47 and 48 — but not after Section 2. If you were on Section 2 and it was never converted to Section 3, you have no Section 117 entitlement, though you may still be owed ordinary community mental health services.
If you are being charged anyway
Councils sometimes treat a placement as an ordinary care home and send an invoice. If the placement was arranged to meet a need arising from your mental disorder and to prevent readmission, it falls within Section 117 however the authority labels it, and the charge is unlawful. Authorities cannot means-test these services, cannot charge for them, and cannot reduce or withdraw them on financial grounds. Complain formally to the authority first, then take it to the Local Government and Social Care Ombudsman, and get specialist advice — money unlawfully charged can be recovered.
Two further points worth knowing. Aftercare lasts as long as it is needed: it can only be ended by a joint NHS and council decision that you no longer have a need arising from your mental disorder and there is no longer a risk of readmission that the aftercare was preventing, and you must be told and given the chance to discuss it. And responsibility sits with the area where you were ordinarily resident immediately before you were detained, not where you live now — worth citing if you have moved and are being passed between authorities. An Independent Mental Health Advocate can help you press for a proper care plan before discharge, and Rethink Mental Illness (0808 801 0525) advises on charging disputes.
Related guides
Discharge and Section 117 Aftercare
Section 117 of the Mental Health Act 1983 places a joint duty on NHS Clinical Commissioning Groups (now Integrated Care Boards) and Local Authorities to provide free aftercare services to patients who are discharged from detention under specified sections of the Act. This is one of the most important rights in mental health law — it creates an enforceable entitlement to community support at no charge.
6 min
Section 3: Admission for Treatment
Section 3 of the Mental Health Act 1983 allows a person with a mental disorder to be admitted to hospital and treated without their consent for an initial period of up to 6 months, renewable thereafter. It is used when the diagnosis and appropriate treatment are already established. Section 3 carries significant safeguards, including the nearest relative's power to block the application.
6 min
Community Treatment Orders (CTOs)
A Community Treatment Order (CTO) under Section 17A of the Mental Health Act 1983 allows a patient who has been detained under Section 3 (or certain other sections) to be discharged from hospital to live in the community, subject to conditions. If conditions are breached, the patient can be recalled to hospital. CTOs are intended to provide a supervised step-down from hospital care.
6 min
Independent Mental Health Advocates (IMHAs)
Every patient who is "qualifying" under the Mental Health Act 1983 has a statutory right to the support of an Independent Mental Health Advocate (IMHA). IMHAs are specialist advocates who help patients understand their rights, navigate the MHA system, and have their views represented — completely independently of the treating team.
6 min
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