R (Afework) v LB Camden [2013] EWHC 1637 (Admin), [2013] MHLO 51

The judge held that as a matter of law s117(2) is only engaged vis-à-vis accommodation if: '(i) The need for accommodation is a direct result of the reason that the ex-patient was detained in the first place ("the original condition"); (ii) The requirement is for enhanced specialised accommodation to meet needs directly arising from the original condition; and (iii) The ex-patient is being placed in the accommodation on an involuntary (in the sense of being incapacitated) basis arising as a result of the original condition.' No obvious reason is given for the third requirement, which is probably wrongly decided (or, as the COP Newsletter puts it, 'will fall to be considered again in due course').


The summary below has been supplied by Kris Gledhill, Editor of the Mental Health Law Reports. The full report can be purchased from Southside Online Publishing (if there is a "file not found" error, it means this particular report is not yet available online). More similar case summaries from the year 2014 are available here: MHLR 2014.

Whether accommodation was provided under s117 Mental Health Act 1983 or s21 National Assistance Act 1948; whether judicial review should be refused as a matter of discretion - R (Tewodros Afework) v LB Camden – [2014] MHLR 32

Points Arising: Services were only “after-care” under s117 Mental Health Act 1983 if they were provided as the direct result of the reason for detention under the Act; ordinary accommodation could not meet this test, which required enhanced accommodation that was a substitute for or extension of the hospital environment.

Facts and Outcome: TA had schizophrenia, leading to admissions under the Mental Health Act 1983 in the 1990s, following which he was placed in accommodation and then provided with tenancies. Then, following a serious assault involving brain injuries, he moved into specialist accommodation. After he received a payment under the Criminal Injuries Compensation scheme, the question arose as to whether the accommodation was provided under s117 of the 1983 Act, for which no charge could be made. The High Court determined that TA’s accommodation prior to the assault, being ordinary accommodation, had not been provided under s117; and that the accommodation since the assault had arisen from the brain injury rather than the mental disorder. Permission to seek judicial review was refused.

External links


Lee Parkhill, 'The scope of section 117 after-care and accommodation' (Local Government Lawyer, 4/7/13)