Clinical commissioning groups ccgs and local authorities pay. Your free aftercare will come from the nhs and social services. It is due to be updated in full, during 2016, but new guidance takes effect from 1 st april 2016 on who, within the nhs, pays for services for people who need them under s117 of the mental health act 1983. This guidance published in december 2019 provides information and advice for clinical commissioning groups and other relevant. S117 aftercare following detention under the mental health act. Oct 29, 2012 a report by the health service ombudsman about the provision of section 117 aftercare full text ref. A simple guide to section 117 aftercare peter edwards law. Section 117 places a joint duty on the relevant ccg or lhb in wales and lssa to provide or arrange for the provision of, in cooperation with relevant voluntary agencies, after care services for certain classes of detained patient. Mental health act 1983, section 117a is up to date with all changes known to be in force on or before 06 may 2020. Aftercare doesnt specifically define between nursing and personal care the way the chc wording does so its a lot harder to end because they cant say its all personal care s117 says aftercare without the specifics of the chc rules. A letter will be sent to the relevant team manager by the mental health act. The mental health act 1983 allows suitably qualified people to detain a patient in hospital if they have a mental disorder defined as any disorder or disability of the mind, which is putting their safety, or the safety of others, at risk.
Section 117 is aftercare after being released from hospital after detention on a section 3. This is a standalone duty and services provided under s. No support other than administration of depot injection provided. Court of appeal case provides further clarity on the mental health. This briefing sets out the recent changes and pulls together some of the key guidance to assist ccgs and local authorities in assessing their section 117. Joint policy and guidance for mental health act 1983, section. This prevents automated programs from posting comments. It also explains what services you might get and when your care will end. This can cover all kinds of things like healthcare, social care and supported accommodation. Section 117 refers to the provision of aftercare services to any patient to whom this section of the mental health act 1983 ammended 2007 applies. Section 117 of the mental health act 1983 mha sets out the legal duties on local authorities and ccgs to provide aftercare to certain detained patients once they cease to be detained. Aftercare status final version version number and date 1st october 2015. Under section 117 of the mental health act 1983 the mha, local authorities las and clinical commissioning groups ccgs have a joint duty to provide mental health aftercare services for people who have been detained in hospital for treatment under certain qualifying provisions 1 of the mha and who require it.
Transition between inpatient mental health settings and. A report by the health service ombudsman about the provision of section 117 aftercare full text ref. Section 117 aftercare services article 2 understanding. The law that gives this right is section 117 of the mental health act, and it is often referred to as section 117 aftercare. Training in section 117 of the mental health act 1983. I apologise if this bog is confusing, if by any chance you understand the who pays guidance and the impact it has upon s117 please can you contact us, any help will be gratefully received. The policy describes the statutory framework and procedure for managing patients to. The legal position for patients discharged onto section 117 aftercare on or after 1 april 2016 is now relatively clear i. Aftercare for mental health service users section 117.
Health service ombudsman report provision of section 117. May 04, 2014 i wonder if those who produced this guidance thought about the implications for people under section 117 aftercare, i very much doubt it. Section 117 advice, experiences and help carers uk forum. Section 117 aftercare services article 1 what constitutes.
Nhs england support and resources for professionals. Section 117 mental health act community care solicitors. It has only just come to light regarding section 117. She is still a section 117 and entitled to the aftercare. New documents and guidance on the national framework for nhs continuing. Nhs england and nhs improvement provide an ongoing programme of support for professionals who are involved in the delivery of personal health budgets. Changes that have been made appear in the content and are referenced with annotations. You are entitled to section 117 aftercare if you have been in hospital under section 3, 37, 45a, 47 or 48 of the mental health act 1983. You are entitled to free aftercare services if you have been. Aftercare for mental health service users section 117 cch15 jan 2014 what is section 117 aftercare. Section 117 of the mental health act 1983 places a joint duty on local nhs and social services commissioners to provide aftercare services for people that have. There are changes that may be brought into force at a future date. It begins when they cease to be detained and whether or.
It is not useful to record details of the care the person will receive at this point. It applies to patients who were detained under s3, s37, s3741, s45a, s47, s4749, s4849. Section 117 aftercare leaflet free services for people who have been sectioned download. Section 117 policy county of staffordshire and unitary. Read more about section 117 of the mental health act 1983. Section 117 aftercare leaflet free services for people.
Joint policy and guidance for mental health act 1983. Brief summary of purpose of report under the mental health act 1983, certain categories of detained patient are entitled to aftercare provision from the local authority and the local health board once they are discharged from hospital. The latest version of the who pays guidance is dated august 20. Introduction section 117 is a specific statutory obligation, therefore it is important that all patients who are entitled to after care under section 117 are identified and that records are kept of what after care is provided to them under that section, following this protocol. Rotherham metropolitan borough council is inviting suitably qualified and experienced learning and development providers to submit an indicative tender to be included on a dynamic purchasing system for the delivery of a halfday course to provide the workforce with an overview of section 117 of the mental health act 1983 aftercare arrangements. Section 117 of the mental health act 1983 2007 imposes a joint duty upon local authorities and clinical commissioning groups ccg to provide aftercare services for anybody who has been detained under sections 3, 37, 45a, 47 or 48 of the mental health act mha. The introduction of clinical commissioning groups on 1 april 20 has led to an alteration in the responsibility for section 117 aftercare. Care planning mind, the mental health charity help for. Jul 17, 2015 rotherham metropolitan borough council is inviting suitably qualified and experienced learning and development providers to submit an indicative tender to be included on a dynamic purchasing system for the delivery of a halfday course to provide the workforce with an overview of section 117 of the mental health act 1983 aftercare arrangements.
The guidance at that time stated that if a patient who is resident in one area ccg a is discharged to another area ccg b, and registers with a gp in ccg bs area, it was then the responsibility of the ccg in the area where the patient moves ccg b to pay for their aftercare under section 117. Section 117 aftercare case update on impact of alternative funding sources. Aftercare is the help you will get in the community after you leave hospital. My family were never informed of a care plan upon hospital discharge and only recently discovered shes entitled to sec 117 aftercare. S117 funding can be stopped too but only when you dont need aftercare for the original section 3 order. The person who has been detained p becomes eligible for s117 aftercare if they have been detained under sections 3, 37, 45a, 47 or 48 of the mental health act mha and then they are discharged from hospital. Section 117 aftercare is a legal duty that is placed on health and social services to provide after care services for individuals who have been detained under section 3, section 37, section 47, section 48 and section 45a.
This programme supports the expansion of personal health budgets in england, in order to achieve the nhs long term plan commitment of 200,000 personal health budgets by 202324, as well as. Psychological needs physical healthcare daytime activities or employment. Section 117 aftercare when they are admitted under applicable sections of the mental health act. Section 117 aftercare the changes at a glance lexology. There is no restriction on the type of services that can be provided. Aug 22, 2016 the legal position for patients discharged onto section 117 aftercare on or after 1 april 2016 is now relatively clear i. Section 117 means that you will get free aftercare when you leave hospital. The purpose of section 117 aftercare is to support a person safely back into the community, to prevent them from having to be readmitted to hospital because of their mental health needs.
Continuing healthcare vs section 3, s117 dementia talking point. May 21, 2014 the person will be detained under section 3 of the mental health act, and the care they need known as aftercare relates to section 117 of the same act. Housing and section 117 aftercare there used to be some confusion about whether housing counts as aftercare, which led to some local authorities charging people when they shouldnt have. Section 117 aftercare mind, the mental health charity help for. Section ii analyzes court interpretations of section 117. The policy describes the statutory framework and procedure for managing patients to whom section 117 applies. Review policies and procedures to rationalise when the duty is owed e. Mental health law briefing 204 section 117 aftercare. Building the right support frequently asked questions. Section 117 aftercare services article 3 accommodation bevan brittan llp 2017. Practice placement 2 other bibliographies cite this for me. S117 mental health act 1983 the act concerns the aftercare of patients detained under s3, 37, 45a, 47 or 48.
In recent years, legislation such as the health and. It is therefore important that section 117 aftercare is effectively managed and delivered to improve the outcomes for service users, carers and families. Aug 22, 2016 section 117 aftercare the changes at a glance. Section 117 aftercare the changes at a glance dac beachcroft. Under section 117 of the mental health act 1983 the mha, local authorities las and clinical commissioning groups ccgs have a joint duty to provide mental health aftercare services for people who have been detained in hospital for treatment under certain qualifying provisions of the mha and who require it. Your illness might affect you in lots of different ways. Ordinary residence and section 117 aftercare cornerstone. Downloads and publications for section 117 and aftercare dpt. No section 117 is not a community treatment order cto.
Section 117 aftercare services understanding responsibility. Centralized integrated electronic processes to inform practitioners of their service users on their caseloads who are eligible for s. It is the duty that comes in effect once the person has been discharged from the hospital. Section 117 aftercare factsheet free services for people who have been sectioned. Isbn 9780102980707, hc 642 2012 pdf, 751kb, 40 pages order a copy. The person will be detained under section 3 of the mental health act, and the care they need known as aftercare relates to section 117 of the same act.
Mar 25, 2015 from 1 april 2015 the local authority responsible for mental health aftercare services, under section 117 of the mental health act 1983 the act, will normally be the one where the person was. Triangulation of care program aligns well with this guideline and would. Please contact hannah taylor if you wish to discuss section 117 aftercare services further. As section 117 places a duty on a local authority to provide aftercare services, the interpretation of section 47 1 b is that when the assessment identifies the need for aftercare services then. Reference to section 117 aftercare planning really important that someones. Ninetyfour per cent were aware of the financial implications of section 117. Information and guidance to practitioners on their responsibilities in relation to s. Aftercare services have a dual purpose, which is meeting a need arising from or related to. Section 117 aftercare leaflet free services for people who. Aftercare status final version version number and date 1st october 2015 issue date tbc author karl gluck owner glos county councilglos clinical commissioning group signed off by margaret wilcox and mary hutton date 26th august 2015 revisions history. But a clarification in the law in 1999 confirmed that charges cannot be made for section 117 aftercare services, including residential accommodation. Section 117 aftercare mind, the mental health charity. Section 117 aftercare this factsheet explains whether you can get free aftercare under section 117 normally pronounced oneoneseven of the mental health act 1983.
However, the processes to facilitate aftercare following patients discharge from hospital are not always adequate and are often inconsistently applied. Section 117 of the mental health act 1983 mha sets out the legal obligation on relevant local authorities and ccgs to provide aftercare to certain detained patients once they cease to be detained. A simple guide to section 117 aftercare jenny oxton, mental health executive. It seems the local authority refuse to acknowledgement section 117 and seem unableunwilling to provide the support my mother needs. From 1 april 2015 the local authority responsible for mental health aftercare services, under section 117 of the mental health act 1983 the act, will normally be the one where the person was. I wonder if those who produced this guidance thought about the implications for people under section 117 aftercare, i very much doubt it.
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