Free mental health aftercare: section 117

Check which hospital power was used

Section 117 applies after detention under section 3, or admission or transfer under sections 37, 45A, 47 or 48 of the Mental Health Act, followed by leaving hospital. It can also apply after a period as an informal patient following the qualifying detention. Section 2 or an informal admission alone does not create entitlement. Ask the hospital to confirm the full detention history and section 117 status in writing. Do not assume an older entitlement has ended simply because there has been another admission. Ask about aftercare planning for eligible people on section 17 leave or a Community Treatment Order too.

The two parts of qualifying aftercare

Aftercare services must meet needs arising from or related to the person’s mental disorder AND reduce the risk of deterioration in their mental condition and consequent hospital readmission. Both parts matter. Support might include mental healthcare, help with daily life, relationships or activities, and accommodation where it meets the test. Ask the plan to explain how each service meets these needs. A label such as “learning disability support” does not settle the funding question.

It is free and not means-tested

The responsible NHS integrated care board (ICB) and local authority have a joint duty to provide or arrange qualifying aftercare. It is free regardless of income or savings. They should agree responsibilities between themselves. Ask who is coordinating the joint plan and providing each service. Section 117 does not make every later service or unrelated care need free. The plan should identify what is aftercare and explain any separate charges under another legal framework.

How housing fits

Accommodation can form part of section 117 where it meets the aftercare definition, for example because the particular accommodation and support meet relevant mental health needs and reduce deterioration and readmission risk. Ordinary housing need by itself does not qualify. Ordinary rent, food and all living costs are not automatically free. Ask for a written assessment of why the particular accommodation is needed, which elements are section 117 aftercare and the legal basis for any charge. Seek specialist advice about disputed accommodation charges or proposed top-ups.

Section 117 and NHS Continuing Healthcare

You do not have to pass a CHC Checklist or qualify for NHS Continuing Healthcare to receive section 117 aftercare. They are different legal routes. NHS Continuing Healthcare may need consideration for separate health and care needs outside qualifying section 117 aftercare. Ask the ICB and council to explain which route covers each need and avoid gaps or double charging. An assessment or dispute about another funding route should not be used to ignore an existing section 117 duty.

Make the plan before discharge

Ask for a joint assessment and planning meeting while still in hospital. Include your wishes, communication, cultural needs, home, relationships and what keeps you well. Identify each aftercare need, the support, provider, funding responsibility, start date and review arrangements. Plan physical healthcare, medicines, activities, housing and a response if health worsens. Include the people you want involved and an advocate where appropriate. Ask for an accessible copy and a named coordinator.

Keep the plan under review

Ask for a review when needs change, support is missing or arrangements no longer work. Keep examples of the effect on daily life and health. Review what support is doing, not just whether symptoms are currently absent. Being well because support is working does not, by itself, mean the support is unnecessary. Involve you, relevant professionals and chosen supporters. Ask for changes and reasons to be recorded.

When can aftercare end?

Section 117 has no fixed expiry date. It ends only when both the responsible NHS body and local authority are satisfied that the person no longer needs that aftercare. Discharge from a clinic, refusing one service or time passing does not by itself end the duty. The statutory rule prevents ending it while the person remains a community patient under a Community Treatment Order. Ask for the joint assessment, reasons and decision in writing, including a safe plan for any other continuing needs.

Challenge missing support or charges

Write to both the ICB and council. Explain what is missing or being charged for, why you consider it qualifying aftercare and the effect on health or safety. Request a joint review, written reasons and an interim plan while the issue is resolved. Keep the care plan, correspondence, invoices and receipts. Ask for correction and reimbursement of any wrongly charged qualifying aftercare. Use the relevant complaints routes and ask an advocate for help.

If support may stop or a move is proposed

Ask urgently for the evidence and reasons, the decision date and who can reconsider. Explain any risk of deterioration, harm or loss of a home. Seek a solicitor with community care and mental health experience promptly if essential support is at risk. Formal complaints may take time and do not replace urgent legal advice. Do not assume all legal deadlines stop while a complaint is considered.

Use the aftercare meeting worksheet

This original Clearer worksheet helps record questions and agreed actions. It is not the official section 117 assessment or care plan. Ask the responsible organisations to confirm the formal plan and provide it accessibly.

Free support after some mental health hospital stays

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