Charging for aftercare services
In R (Stennett) v Manchester City CouncilM it was decided that section 117 is not a ‘gateway’ section to other community care provisions; as it contains no charging provision, so no charge should be made for after-care under that section, including for caring residential accommodation.
Therefore, no charges may be made; if charges have been made they may be claimed back.
In Tinsley v Manchester City CouncilM the local authority was liable to pay for s117 aftercare despite the patient having earlier been awarded personal injury damages for future care.
Free after-care is a benefit of having been detained under s3 as opposed to s2 or being deprived of liberty under the DOLS provisions (as in DM v Doncaster MBCM).
In certain circumstances, top-up fees may be paid for preferred accommodation (s117A).