This is called ‘going on leave’ or ‘section 17 leave’. what help with drug or alcohol use you will get, if you need it. They must be able to give clear reasons for their decision and your needs must be reassessed before the aftercare is ended, to see how your mental health and ability to manage would be affected. This is called being on a ‘Community Treatment Order’ (CTO). You can give up your personal health budget at any time. 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 previously been sectioned under the treatment sections of the Mental Health Act, i.e. If you have been in hospital under section 3, 37, 45A, 47 or 48 of the Mental Health Act 1983 you are entitled to section 117 after-care. It is their responsibility to provide you with aftercare services, or to arrange for them to be provided. Telephone: 0345 015 4033. The policy describes the statutory framework and procedure for managing patients to whom Section 117 applies. You should work with your NHS mental health team to identify: You can spend your personal health budget on care and support to meet your needs. You may get specialist housing, help to meet other people, help with work or education, or free prescriptions for mental health medication. A lot of local authorities will charge you for rent, even if you are under section 117. Returning to residential careYou might have lived in residential care to meet your mental health needs before you went into hospital. They have replaced Primary Care Trusts (PCTs) in England. You will probably not be provided ordinary housing under section 117 aftercare services. Normal housing is very unlikely to be free. Sometimes, if you don't follow the conditions or you become unwell, you can be returned to hospital. You can find more information about ‘Community Treatment Orders’ by clicking here. Hannah is being discharged from hospital after spending a month as a voluntary patient. Section 40 of the Health and Social Care Act 2012 amended S117 MHA and allowed the Secretary of State for health to publish Regulations that changed CCG responsibility. When you’re living with a mental health problem, or supporting someone who is, access to the right information is vital. for any person to whom section 117 of the MHA (hereafter referred to as s117 MHA) applies. Sections 3, 37, 45A, 47 and 48. To discharge you from section 117, your local clinical commissioning group (CCG) and local social services authority (LSSA) must decide that you no longer need after-care services. Your after-care should only stop when you no longer need it to stay well. If your mum is subject to section 117 after care (Mental Health Act 1983) she will continue to be funded by both the council and clinical commissioning group (CCG) who have the shared legal responsibility. The Mental Health (Care and Treatment) (Scotland) Act is the main piece of legislation covering the care of individuals with mental health problems. Section 117 of the Mental Health Act places a joint duty on health and social care to provide support to patients who are discharged from longer term detention under the Mental Health Act, to reduce the risk of their readmission to hospital. Some people worry that if they are sectioned under section 2 in the future, section 117 after-care will end. 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. Despite a push on resolving disputes at the local level, a continuing area of difficulty which has been considered twice before the High Court in the last six months relates to section 117 of the Mental Health Act 1983. Jorge is being discharged from hospital after being detained under section 3. The NHS and social services call these things your ‘needs’. You don’t need to use it to pay to see your GP or to get emergency care, for example. Section 117 Aftercare . If you have been sectioned and treated in hospital under certain sections, your responsible clinician can put you on a CTO. Due to the financial implications of Section 117, identifying which bodies have responsibility for Section 117 aftercare has long given rise to dispute. The VA Innovation Center (VIC) focuses on developing and piloting care and payment innovation initiatives authorized by MISSION Act, Sec. Who is responsible for providing section 117 aftercare? Mental Health Act 1983 – After-Care Section 117 Responsibilities 1. Section 117 (s.117) of the Mental Health Act 1983 places a statutory duty upon health and local authorities to provide after-care to persons who have been detained under specific sections of the Act. But he doesn't have the right to any free social care services under section 117 for his diabetes, as this is a physical rather than a mental condition. 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 … Section 117 Mental Health Act 1983 (MHA 1983) imposes duties on NHS Clinical Commissioning Groups (CCGs) and Local Social Services Authorities (LSSAs) to provide after-care for patients who have been detained undersection 3, 37, 45A, 47 and 48 of the MHA 1983 once they leave hospital. The relief sought is first, an order that the claimant be provided with community care services under section 117 of the Mental Health Act 1983 against both defendants and/or section 21 of the National Assistance Act 1948 against the first defendant, and secondly an order that the defendants jointly carry out assessments of his need of community care services under section 47 of the National Health … The Adults with Incapacity (Scotland) Act 2000 is relevant for those individuals who are felt not to have capacity to make their own decisions. Roy’s care coordinator asks him what type of things he might find helpful, and they agree a list of services he needs. For example, you may find it hard to do some things for yourself. Your after-care will be arranged by the following organisations. Section 117 Aftercare . He cannot be charged for these services. Many people in this situation demonstrate behaviour which is challenging for their carers and often they are placed in an unsuitable care home. The duty continues until both the health and social services authorities are satisfied that the person no longer needs those services. This means that you can be discharged from the section and leave hospital, but you might have to meet certain conditions such as living in a certain place, or going somewhere for medical treatment. You can challenge your local authority by making a complaint or taking legal action. Section 117 of the Mental Health Act says that aftercare services are services which are intended to: You can get free aftercare under section 117 if you have been detained: See our information on sectioning to find out more about what these different sections mean. Medication can come under section 117, which means that it should be provided free. Darren is being discharged from a section 2. Other people that could be involved are your: Your mental health might affect you in different ways. They will be responsible for paying for your after-care for as long as you need it. A care coordinator helps to organise the help and support you get. Some people who have been kept in hospital under the Mental Health Act can get free help and support after they leave hospital. Your local social services authority (LSSA), which is a part of your local authority. In his judgment in R (Afework) v Camden Mostyn J held that the s. 117 duty is very narrow in respect of the provision of accommodation.. The NHS and social services should give you services that help you to do these things. Submit an online request to get your DD214 or other military service records through the milConnect website. See our pages on voluntary patients for more information. A care coordinator usually works as part of the community mental health team. CCG When your care coordinator reviews your needs, they will hold a meeting. Section 3: detained in hospital for treatment, 2. A simple guide to section 117 aftercare Who qualifies for S117? Registered Charity Number 271028. If you cannot solve the problem by talking it through, you can make a complaint. Supported housing is housing where you get care, support, or supervision at home. You might want to stay in hospital after you have been discharged from the Mental Health Act sections 3, 37, 45A, 47, or 48. So, for example, you will almost certainly not be provided with an ordinary flat by the council after you are discharged from hospital. You can find more information about complaining and getting legal advice further down on this page. Clinical Commissioning Groups/Local Health Boards and local authorities have a legal duty to provide aftercare services under section 117, although they have a choice as to exactly what services are provided. In some circumstances, if the local authority are to provide you with accommodation, you can choose the accommodation you want to live in rather than accept what has been offered, though you will have to pay the difference if it is more expensive. Your local NHS ‘clinical commissioning group’ (CCG). The first UK-wide mental health and money advice service dedicated to supporting people affected by mental health and money issues. You can speak to your responsible clinician about the support you need. These are the services that a person must be given when they are released from detention for treatment under section 3. For example, if you do not understand the information and are unable to make a decision about your treatment, you are said to 'lack capacity' to make decisions about your treatment. If you are in crisis right now and want to talk to someone urgently then you could call. Ending section 117 is called being ‘discharged’ from section 117. Introduction Section 117 of the Mental Health Act 1983 requires clinical commissioning groups (CCG’s) and local authorities, in co-operation with health and social care providers and voluntary agencies, to provide or arrange for the provision of aftercare to 152. This means you can choose how you get the support you need. 117. Find out how to change your address and other contact information in your VA.gov profile for disability compensation, claims and appeals, VA health care, and other benefits. Sections 47 and 48: transferred from prison to hospital, or 3. If you are a voluntary or informal patient, the … Our contact details are on the website on the Contact page. Section 117 of the MHA 1983 requires local authorities and CCGs jointly to provide “after care services” to patients upon their discharge from hospital, but the Mental Health Act 1983 (as amended) does not define what “after care services” are. They also say that aftercare services under section 117 should not be taken away because: If your aftercare services have been taken away and your mental condition has begun to deteriorate, then the services should be put back to stop your condition from getting worse. What is section 117 (s117) aftercare, who gets it, and why is it free? Certain decisions, such as applying for someone who is sectioned to go onto a community treatment order (CTO), can only be taken by the responsible clinician. Section 3 is covered by section 117 aftercare, so even though she stayed on as a voluntary patient, she is entitled to free aftercare services under section 117. You should agree this with your NHS mental health team. Your mental health might affect you in different ways. your accommodation is being provided under section 117 of the Mental Health Act 1983 as aftercare. This can cover all kinds of things like healthcare, social care and supported accommodation. 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