Log in / create account
Website:
Google:
MAIN »
Main page
1. CASE LAW
2. LEGISLATION
3. GENERAL INFO
Help page and contact details
Site map
CPD »
CPD (12 points for £60)
BOOKS »
Bookshop
Eldergill
UPDATES »
Recent updates
Free email updates
Twitter @mhlonline
CASE LAW »
Index to mental health case law
Cases to be added
Settled cases and forthcoming judgments
LEGISLATION »
Index to legislation
MHA »
Overview of MHA 1983
Overview of MHA 2007
Full text of MHA 1983
Codes of Practice
Reference Guide
Regulations
Tribunal Rules
MCA »
Overview of MCA 2005
Full text of MCA 2005
Codes of Practice
Court of Protection
Office of the Public Guardian
Deprivation of Liberty Safeguards
FORMS »
MHA Statutory Forms
MHA Information Leaflets
Foreign-language MHA information leaflets
DOLS Standard Forms
Court of Protection forms
GENERAL »
Index to general information
Glossary
Legal Aid News
Consultations
Statistics
Events
No Javascript: See site map
Category:After-care
From Mental Health Law Online
Jump to:
navigation
,
search
The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page.
Page and summary
Date added to site
Categories
R (Baisden) v Leicester City Council (2011) EWHC 3219 (Admin)
— Section
117
and accommodation. [Summary required.]
2011-12-08
2011 cases
,
After-care
,
No summary
,
Transcript
R (Sunderland City Council) v South Tyneside Council (2011) EWHC 2355 (Admin)
—
SF moved from a residential college in Sunderland (ESPA) to a hospital in South Tyneside (Rose Lodge), initially informally then under section 3; the placement in Sunderland was terminated because of the hospital stay. The judge drew 10 propositions from the law, and concluded that Sunderland remained the authority with aftercare responsiblity under s117. Relevant considerations were that (a) the informal admission was close to being involuntary (through force of circumstances) and was in what was intended to be short-term accommodation, (b) the termination of the Sunderland placement was not voluntary, and (c) the Tyneside placement was not part of SF's regular order of life or for a settled purpose.
2011-09-27
2011 cases
,
After-care
,
Brief summary
,
Transcript
R (Hertfordshire CC) v LB Hammersmith and Fulham (2011) EWCA Civ 77
—
The appellant sought: 'A declaration that "is resident" in s117(3) Mental Health Act 1983 has the same (or substantially the same) meaning as "is ordinarily resident" under s24 National Assistance Act 1948, so that a person placed by a local authority under s21 NAA in the area of another local authority remains ordinarily resident in the area of the placing authority for the purposes of Part 3 NAA and s117(3) MHA.' The court refused to grant the declaration as: (1) Parliament must have deliberately chosen a different formula for s117; (2) s117 was intended to be a free-standing provision, not dependent on the 1948 Act; (3) there was no legitimate way to interpret 'resident' as excluding a placement under s21. The court noted that the decision is in line with recent government guidance, and that the Law Commission's current project provides a much better forum for considering and remedying any defects in the present law.
2011-02-17
2011 cases
,
After-care
,
Brief summary
,
Transcript
R (Mwanza) v LB of Greenwich (2010) EWHC 1462 (Admin)
—
The claimant was an illegal overstayer who tried to use a
s3
admission eight years earlier to obtain free accommodation. (1) An after-care service under
s117
must be a service that is necessary to meet a need arising from a person's mental disorder. It does not cover any and all services simply because those services do or may prevent deterioration of relapse of a mental condition. Employment and ordinary accommodation are common needs which do not arise from mental disorder, although mental disorder may give rise to a need for assistance in finding them. However, as a matter of law, ordinary accommodation could fall within s117, although it is difficult readily to envisage any practical examples. (2) On the facts, there could be no duty under s117 to provide what was sought. (3) In any event, eight years earlier a lawful decision had been made to discharge the s117 responsibilities of the local authority and the Trust, so no s117 duty arose. (4) Furthermore, it would be
..→
2010-06-18
2010 cases
,
After-care
,
Brief summary
,
Transcript
R (M) v Hammersmith and Fulham LBC and Sutton LBC (2010) EWHC 562 (Admin)
— M moved from Hammersmith to a hostel in Sutton, but Hammersmith continued to pay; he was subsequently placed under s3 in a Sutton hospital and surrendered his tenancy; as he was resident in Sutton when admitted, Hammersmith was not responsible for future accommodation costs under s117. [Summary required.]
2010-03-15
2010 cases
,
After-care
,
No summary
,
Transcript
R (Stojak) v Sheffield City Council (2009) EWHC 3412 (Admin)
—
Extension of time refused for JR application relating to charging for residential after-care services.
2009-12-23
2009 cases
,
After-care
,
Brief summary
,
Transcript
R (Watson) v LB Richmond (1999) EWHC Admin 749
—
Claimants' accommodation must be provided under section 117(2) and not under s21
National Assistance Act 1948
; s117 not a gateway section; it follows that the Respondents are not entitled to charge the Applicants for their accommodation.
2009-04-11
1999 cases
,
After-care
,
Brief summary
,
Transcript
R (Stennett) v Manchester City Council (2002) UKHL 34
—
S117
is not a gateway section; it contains no charging provision; therefore, no charge should be made for after-care under that section, including for caring residential accommodation.
2009-04-11
2002 cases
,
After-care
,
Brief summary
,
Transcript
R (B) v London Borough of Camden (2004) EWHC 2348 (Admin)
— Claimant sought damages breach of statutory duty under s117 causing delay after deferred conditional discharge. Permission refused.
2009-01-22
2004 cases
,
After-care
,
No summary
,
Transcript
R (W) v Doncaster Metropolitan Borough Council (2004) EWCA Civ 378
— After-care.
2008-09-12
2004 cases
,
After-care
,
No summary
,
Transcript
R (W) v Doncaster Metropolitan Borough Council (2003) EWHC 192 (Admin)
— After-care.
2008-09-12
2003 cases
,
After-care
,
No summary
,
Transcript
R (B) v London Borough of Camden (2006) EWCA Civ 246
— Claimant sought damages breach of statutory duty under s117 causing delay after deferred conditional discharge. Unsuccessful appeal.
2008-09-12
2006 cases
,
After-care
,
No summary
,
Transcript
Kolanis v UK 517/02 (2005) ECHR 411
— Conditional discharge/Article 5.
2008-09-12
2005 cases
,
After-care
,
ECHR
,
No summary
,
Transcript
R (Hall) v MHRT (1999) EWHC Admin 351
—
The provisions of s117 Mental Health Act 1983 are designed to ensure that there is always an aftercare authority, being the place where the patient resided before detention or, if there was no such residence, the place where the patient was to be sent on release; the duty as to aftercare included the provision of information to a Tribunal and so arose before discharge.
[MHLR.]
2008-09-12
1999 cases
,
After-care
,
Brief summary
,
Discharge conditions
,
Transcript
R (Hall) v MHRT (1999) EWCA Civ 2052
—
The fact that there will be delay in the implementation of conditions in a conditional discharge does not mean that they are unlawful; it would have been open to the Tribunal to be proactive in adjourning for reports as to the progress of an aftercare package.
[MHLR.]
2008-09-12
1999 cases
,
After-care
,
Brief summary
,
Discharge conditions
,
Transcript
LGO decision: Medway Council 06/B/12248 and Wigan Metropolitan Borough Council 06/B/12247 (29/4/08)
— After funding under
s117
.
2008-08-21
2008 cases
,
After-care
,
Detailed summary
,
Transcript
LGO decision: North Yorkshire County Council 05/C/13158 (24/7/07)
— After funding under
s117
(top-ups).
2008-08-21
2007 cases
,
After-care
,
Detailed summary
,
Transcript
LGO decision: Poole Borough Council 06/B/7542 (5/9/07)
— Duties under
s117
.
2008-08-21
2007 cases
,
After-care
,
Detailed summary
,
Transcript
LGO decision: Bath and North East Somerset Council 06/B/16774 (12/12/07)
— Duties under
s117
.
2008-07-31
2007 cases
,
After-care
,
Detailed summary
,
Transcript
Decision of the Social Security Commissioner (2007) UKSSCSC CIS 3760 2006
—
Refund of charges wrongfully made by social services authority for s117 residential after-care was not "arrears of income support", so was to be taken into acount as capital in determining the claimant's entitlement to benefit after the date of the payment; the claimant therefore lost her entitlement to income support.
2008-02-22
2007 cases
,
After-care
,
Brief summary
,
Transcript
R (B) v London Borough of Lambeth (2006) EWHC 2362 (Admin)
—
The council's decision to postpone an offer of re-housing until shortly before possession proceedings which it had instituted was putting off the inevitable and amounted to a breach of s117.
2008-02-22
2006 cases
,
After-care
,
Brief summary
,
Transcript
R (B) v Camden London Borough Council (2005) EWHC 1366 (Admin)
—
Claimant sought damages breach of statutory duty under s117 causing delay after deferred conditional discharge. Claim dismissed.
2006-04-13
2005 cases
,
After-care
,
Brief summary
,
Transcript
Article titles
The following 22 pages are in this category.
D
Decision of the Social Security Commissioner (2007) UKSSCSC CIS 3760 2006
K
Kolanis v UK 517/02 (2005) ECHR 411
L
LGO decision: Bath and North East Somerset Council 06/B/16774 (12/12/07)
LGO decision: Medway Council 06/B/12248 and Wigan Metropolitan Borough Council 06/B/12247 (29/4/08)
LGO decision: North Yorkshire County Council 05/C/13158 (24/7/07)
LGO decision: Poole Borough Council 06/B/7542 (5/9/07)
R
R (B) v Camden London Borough Council (2005) EWHC 1366 (Admin)
R (B) v London Borough of Camden (2004) EWHC 2348 (Admin)
R cont.
R (B) v London Borough of Camden (2006) EWCA Civ 246
R (B) v London Borough of Lambeth (2006) EWHC 2362 (Admin)
R (Baisden) v Leicester City Council (2011) EWHC 3219 (Admin)
R (Hall) v MHRT (1999) EWCA Civ 2052
R (Hall) v MHRT (1999) EWHC Admin 351
R (Hertfordshire CC) v LB Hammersmith and Fulham (2011) EWCA Civ 77
R (M) v Hammersmith and Fulham LBC and Sutton LBC (2010) EWHC 562 (Admin)
R (Mwanza) v LB of Greenwich (2010) EWHC 1462 (Admin)
R cont.
R (Stennett) v Manchester City Council (2002) UKHL 34
R (Stojak) v Sheffield City Council (2009) EWHC 3412 (Admin)
R (Sunderland City Council) v South Tyneside Council (2011) EWHC 2355 (Admin)
R (W) v Doncaster Metropolitan Borough Council (2003) EWHC 192 (Admin)
R (W) v Doncaster Metropolitan Borough Council (2004) EWCA Civ 378
R (Watson) v LB Richmond (1999) EWHC Admin 749
This page belongs to the following category
:
Case law - by subject matter
This page was last modified at 13:34 on 5 October 2008. Page credits:
Jonathan
Privacy policy
Copyrights
Disclaimers
Powered by MediaWiki
Gumax design