After-care

From Mental Health Law Online

Jump to: navigation, search

Section 117 places a joint duty on the PCT (or LHB in Wales) and LSSA to provide, in co-operation with relevant voluntary agencies, after-care services for certain classes of detained patient.

It applies to patients who were detained under s3, s37, s37/41, s45A, s47, s47/49, s48/49. It begins when they cease to be detained and (whether or not immediately after so ceasing) leave hospital. The duty continues until the PCT and LSSA are satisfied that such services are no longer required. This decision cannot be made during the continuance of a CTO. The bodies with the duties are those in which the person concerned is resident or (if he was not resident anywhere) to which he is sent on discharge by the hospital in which he was detained.

No charge can be made for after-care provided under s117. If charges have been made then they can be claimed back. This can be a benefit of being in hospital as a detained patient.