Among other things, the Care Bill would amend MHA 1983 s117 by including a definition of 'after-care services'.
Clause 74 of the Care Bill 2013-14 would add a new subsection (6) to section 117:
- In this section, “after-care services”, in relation to a person, means services which have both of the following purposes—
- (a) meeting a need arising from or related to the person’s mental disorder; and
- (b) reducing the risk of a deterioration of the person’s mental condition (and, accordingly, reducing the risk of the person requiring admission to a hospital again for treatment for mental disorder).
Currently the only way to resolve a dispute between two potential s117 authorities is judicial review in the High Court. There is no mechanism for the Secretary of State to make a decision (in contrast with the position under the National Assistance Act 1948). Clause 74 of the Care Bill 2013-14 would introduce statutory mechanisms for resolving disputes.
Old Care and Support Bill:
- Department of Health, 'Draft Care and Support Bill published' (11/7/12). "The draft Care and Support Bill has been published. It creates a single law for adult care and support, replacing more than a dozen different pieces of legislation. It provides the legal framework for putting into action some of the main principles of the White Paper, ‘Caring for our future: reforming care and support’, and also includes some health measures."
- Robert Long and Tom Powell, 'Draft Care and Support Bill 2012-13 - Commons Library Standard Note' (6/8/12)
- Law Society, 'Overhaul of social care is long overdue, says Law Society' (press release, 11/7/12) (link broken)
- Parliament website: Care Bill [HL 2013-14]