Section 117 aftercare - including ordinary residence

Section 117 of the Mental Health Act 1983 is a unique and important legal duty. It establishes a strong legal requirement on local authorities and the NHS to provide free after-care services to certain former mental health patients. It has also been the subject of case law and survived various attempts by governments to abolish it. This session will explore the implications of section 117 for social workers and will consider the implications of the Supreme Court decision in the “Worcestershire case” on the meaning of ordinary residence for the purposes of section 117.

Learning outcomes:

• Eligibility for section 117 after-care and who is responsible
• When does section 117 after-care end
• Future plans for reform of section 117

Tim Spencer-Lane, lawyer specialising in mental capacity, mental health and social care law