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Advice and guidance on the funding of aftercare under section 117 of the Mental Health Act 1983
- Author:
- GREAT BRITAIN. Local Government Ombudsman
- Publisher:
- Commission for Local Administration in England
- Publication year:
- 2003
- Pagination:
- 24p.
- Place of publication:
- London
Section 117 of the Mental Health Act 1983 requires district health authorities and social services authorities (SSAs) to provide aftercare services for any person who has been discharged from compulsory detention in hospital until they are satisfied that the person concerned no longer needs such services. Many SSAs have made charges in relation to aftercare services and, in particular, residential accommodation. But recent clarification of the law has confirmed that charges may not be made. As a result, it is now clear that some people have been charged wrongly by SSAs for accommodation and others have funded their own accommodation, thinking that they would have to pay, when this should have been provided free. This has raised issues about the extent to which authorities are liable for financial restitution, and some have sought either to make retrospective decisions that services are no longer being provided under section 117 or to apply cutoff dates when determining repayments.