Section 117 Services

Freestanding aftercare rights (that is, outside NHS Act 2006 provision and the Care Act) have long existed for some people compulsorily detained in psychiatric hospitals under the Mental Health Act 1983 (MHA). The patients with this specific legal right are those detained under s3, s37/41, s45A, s47 and s48. “After-care services” means services which have […]

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Direct payments

Direct payments are monetary payments made to individuals seeking support, in order to make decisions about meeting their eligible health, mental health, and/or their wider care and support needs, themselves, rather than take the services that the funding body would otherwise arrange. This gives them more control over the timing and manner of the means

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Choice of Accommodation under the Care Act

Choice is an overall aspiration in the Act, but a formal right to choose a preferred provider for certain sorts of service, has been included in the legislation. This choice right arises only in defined situations in which a person with a personal budget sorted out is entitled to say to the council funding the

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Section 9 needs assessment under the Care Act

The essentials of legally compliant assessment Assessment matters for the individual, the family and the professional responsible for decision-making under the legislation, because it is the beginning of the record of fact-finding and evaluation, from which accountability and all subsequent decisions, flow. If the approach to it is flawed by a mistake of legal significance,

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