A person's ability to fund the cost of aftercare services from a personal injury damages award cannot be taken into account when determining whether to provide them with S.117 aftercare. Given that it had been argued on Mr Richards' behalf since 2006 that he was entitled to S.117 aftercare, the Judge said it was difficult on the face of it to see how he could establish that payments after that time were made under 'mistake'. residential care arose entirely from his head injury, and was not the result of The key points to take from these cases are: Both cases underline the principle that S.117 aftercare must be provided free of charge, regardless of the individual's resources. By extension, the same principle will apply to CCGs. He then left the S.117 funded nursing home and, thereafter, all the costs of his care were paid out of his damages. She remained very vulnerable and unpredictable and developed diabetes. This is a 'stand-alone' duty and services provided under Section 117 cannot be charged for. Given the financial implications of this, issues relating to S.117 eligibility often come before the Courts. Corinne Slingo, Tracey Longfield, Sarah Dobson, By subsequently detained under Sec.3. As noted above, on 1 April 2015, the Care Act introduced ordinary residence as the Section 117 test. As the law stands, a successful claim in restitution would depend on the public authorities having been 'unjustly enriched' due to some 'unjust factor' such as the existence of a mistake of fact or law. concluded: “If the mental condition does not require Failure to perform a public duty (e.g. respond to medication. a claim for recovery of monies paid out, as here) can arise from failure to carry out S.117 duties. Our national team of mental health specialists have extensive experience in advising health and social care providers and commissioners in relation to all aspects of Section 117 aftercare. Print page. The law in relation to deprivation of liberty has developed rapidly…, By Download PDF If the patient had no such residence, then the responsibility defaulted to the bodies for the area the patient was sent to on discharge. Case law had also established that the test in Section 117 was 'residence' not 'ordinary residence' used to determine responsibility for other services. Mark Ashley, Sara May, Ciaran Claffey, By What about specialist care in your own home for autism? This may seem simple enough on the face of it, but the reality is that CCGs and Local Authorities operate within differing legal and regulatory frameworks in terms of commissioning responsibilities. Neither GP registration (for CCGs) nor the usual deeming provisions around ordinary residence (Local Authorities) come into play for cases going forward. )She remained very vulnerable and unpredictable and developed diabetes.Her local authority obtained a guardianship order and she is currently in a nursing home with stringent controls (e.g. A person wrongly denied S.117 aftercare can in principle bring a private law claim in restitution - i.e. This is a 'stand-alone' duty and services provided under S.117 cannot be charged for. who had been detained under Sec.3 MHA in 2010, was being evicted from his Download PDF provisions deeming someone to be ordinarily resident in the placing Local Authority's area when they are moved out-of-area) do not apply to Section 117. He was detained in hospital under S.3 MHA on a number of occasions and later discharged under supervision arrangements. In 2000, he was assaulted and incurred We can provide bespoke training in relation to all aspects of the Mental Health Act, including issues arising out of Section 117 from an NHS and Local Authority perspective. After discharge, he was cared for in a mental health nursing home funded under S.117. Unfortunately, the precise effect of these regulations was confused and unclear in a number of respects. accommodation would take into account when assessing his contribution to his as a result of Mr Afework being awarded a considerable sum of money in Criminal In any only allowed out unaccompanied for 15 minutes)There is no nursing need for her to be in a NH but the one she is in has four rooms upstairs for people with Korsikoffs etc.My question to you is, if she was moved while still under the CTO to a NH can she be charged or should s.117 apply?The CTO has been lifted and I assume that they are using the guardianship as it is 'less restrictive' (cheaper??? When this was refused, he applied for judicial review on the This was despite the fact that his personal injury damages award specifically covered his care costs. If the patient had no such ordinary residence, then the relevant bodies are those in whose area the patient was resident immediately before being detained. We can provide bespoke training in relation to all aspects of the Mental Health Act, including issues arising out of Section 117 from an NHS and Local Authority perspective. This complexity impacts particularly in cases where disputes over Section 117 responsibility span back over time. My sister is currently under a guardianship order in Scotland. following GP registration (apart from some specific cases such as where NHS England has commissioning responsibility). )I have not been consulted through these moves even though the council have my details after a period of estrangement from my sister.It's Scottish so I'm not sure how it deviates from the English process. In Richards, the Court had to decide whether Mr Richards was limited to challenging public authority decisions about his S.117 funding via judicial review (which would not necessarily lead to financial redress) or whether he could bring a private law money claim in restitution against the Local Authority/CCG. We have not see her care plan and we have a strong suspicion that the local authority want to move my mother due to costs.I am seeking the help of my mother's MP and also seeking legal advice about this matter.Any useful information would help.I also want to make a formal complaint about the way we have been treated as the above commenter says we have not been formally consulted in the initial stages and found out 'by accident' that social workers had started to review my mother's care without letting her family know formally. it will no longer follow GP registration) but, instead, is determined by where the patient was ordinarily resident (or resident, if they had no ordinary residence) immediately prior to detention. specialised accommodation with elements of support, then the duty to provide consultant psychiatrist is that it is his voluntary drug taking that is the The Local Authority maintained that it was not under such a duty because Mr Tinsley could pay for the care out of his damages and, if they were to pay for this under S.117, this would amount to 'double recovery'. However, the amended wording did not have this effect because the way the legislation was drafted means that the deeming provisions contained in the Care Act (i.e. Section 117 Aftercare and the Meaning of “Residence”: Recent Case Law On 22 nd May 2014 the Court of Appeal heard the appeal by Wiltshire Council ([2014] EWCA Civ 712), who were in dispute with Hertfordshire County Council over who was responsible for Sec.117 aftercare for SQ. If the patient had no such residence, responsibility defaults to the area the patient is sent to on discharge. is only engaged vis-à-vis accommodation if: i) The need for accommodation is a direct The Court of Protection is introducing a new form for Community Deprivation of Liberty applications as of 1 December 2016. Given the financial implications of this, issues relating to S.117 eligibility often come before the Courts. A recent court judgment has clarified considered to be necessary in order to prevent a deterioration in his mental significant brain damage. The practical effect of all this is that responsibility for a person's Section 117 aftercare falls to the Local Authority in whose area the person was in fact ordinarily resident (under the common law test) immediately before being detained rather than where they were deemed to be ordinarily resident for the purposes of other Local Authority services under the Care Act. several years, during which time his wife’s student visa ran out and they were then In practice, there also continues to be considerable confusion arising from the mis-match between how responsibility for Section 117 services is determined as compared with responsibility for other health/social services, perhaps fuelled by the hope that changes in the law (particularly the Care Act) would bring greater clarity and consistency than they have. This has led to a complex legal landscape. She was previously on a s.3 in a secure unit, helped to move to a flat but remained on a CTO (is this still classed as being on a section?) He was Due to the financial implications of Section 117, identifying which bodies have responsibility for Section 117 aftercare has long given rise to dispute. The Court found that a local authority’s the local authority to meet this need. In this case, Mr Tinsley's ability to pay for aftercare services - from whatever source - was irrelevant in assessing whether he was eligible for S.117 aftercare. If the patient had no such ordinary residence, the relevant bodies are those whose area he or she was resident immediately before being detained. They applied for accommodation and From 2006 onwards, it was argued on behalf of Mr Richards that - despite his insurance payout - he had been entitled to S.117 aftercare funding since he was last discharged from hospital in 2004. 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 responsibility. Even if the person is in receipt of a personal injury damages award or insurance payout specifically designed to cover the cost of future care, this does not affect their entitlement to S.117 aftercare. bare accommodation is under section 21 of the National Assistance Act. It was argued on behalf of the Local Authority/CCG that the case should be struck out on the basis that no private law cause of action (e.g. was in this country on the basis that his wife had a student visa. responsibility for Section 117 aftercare services falls to the Local Authority and CCG for the area where the patient was ordinarily resident (or resident, if they had no ordinary residence) immediately prior to being detained under the Mental Health Act. Where accommodation forms part of Section 117 aftercare, the Care Act deems the person to be ordinarily resident in the Section 117 authority's area for the purposes of other Local Authority services as well. From 1 April 2015, the Care Act (Section 75) amended Section 117 to identify the responsible CCG and Local Authority as those in whose area the patient was ordinarily resident immediately before being detained. Laura WalkerMy mother was detained under Section 3of the Mental Health Act in a hospital and remained there for almost 12 years. 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. What do the abbreviations and other jargon used on... Should AMHP’s be scared about DD v Durham County C... What Is Covered by S.117 Aftercare? Nevertheless, he concluded that the possibility of claim in restitution against the Local Authority/CCG could not be discounted and left those representing Mr Richards to continue to pursue this. In Tinsley, the Court concluded that the Local Authority cannot refuse to make provision for someone otherwise entitled under S.117 on the basis that they are in receipt of a personal injury damages award. NHS England's 'Who Pays?' himself, abide by the conditions of his tenancy and not be a nuisance with his accommodation charges. The legal position for patients discharged onto Section 117 aftercare on or after 1 April 2016 is now relatively clear - i.e. could not be clearer: Residential care is certainly covered by S.117 aftercare, but

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