Eligibility for s117 Mental Health Act aftercare

The whole West Northants care system is criticised for its s117-Lite approach (before the 2022 Act but despite long-standing statutory duties of co-operation)

Leave a Comment / Assessment and Eligibility, Assessment for meeting needs under s117 Mental Health Act, Care Planning, Budgets and Choice Rights, Carer LGO, Delay In General LGO, Eligibility for s117 Mental Health Act aftercare, Failings to Assess, Reassess, Review LGO, Hospital LGO, How the Care Act fits in with the Mental Health Act (and s117 aftercare), Indicative Budgets, Mental Health Act LGO, Reviews and Revisions (cuts or changes to content), Reviews and revisions of Continuing NHS Healthcare and s 117 Aftercare plans, Reviews, Revisions and Re-assessments under the Care Act, What to do with an unworkable indicative budget (under the Care Act, Continuing NHS healthcare, or s117 aftercare framework) /

Decision Date:   29 April 2024 Summary: An autistic man with learning disabilities, Mr B, was discharged from psychiatric hospital in 2017, into a series of supported living placements, without a s117 care plan, only the Care Act ever having been used. This was done without reasonable adjustments made for his communication difficulties. Whenever arrangements broke […]

The whole West Northants care system is criticised for its s117-Lite approach (before the 2022 Act but despite long-standing statutory duties of co-operation) Read More »

A Local Authority v PG & Ors [2023] EWCOP 9

Leave a Comment / Assessing for incapacity where it is relevant to Care Act functions, Assessment and Eligibility, Assessment for meeting needs under s117 Mental Health Act, Eligibility for s117 Mental Health Act aftercare, How the Care Act fits in with the Mental Health Act (and s117 aftercare), How the Mental Capacity Act affects the Care Act /

This case concerned a 34-year-old woman, PG, who had a diagnosis of intellectual disability (in the moderate range) and autism spectrum disorder. She had also been diagnosed with “trauma-based mental illness with Emotionally Unstable Personality Disorder (‘EUPD’)” traits (impulsivity, suicidal thoughts, and emotional instability) and mild learning disability. The Local Authority (“LA”) had social services

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Section 47 removal under the NAA pre Care Act

Leave a Comment / Assessment and Eligibility, Assessment for meeting needs under s117 Mental Health Act, Eligibility for s117 Mental Health Act aftercare, Historical, Historical Safeguarding, The statutory criterion for eligibility for s117 aftercare /

allows for the removal to, and detention and maintenance in, suitable premises, of persons in need of care and attention, even if they refuse to go, and refuse consent to having care and attention. It does not enable them to be medically treated, but if they were to be found to lack mental capacity on arrival at

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R (on the application of Michael Mwanza) v (1) Greenwich London Borough Council (2) Bromley London Borough Council (2010) EWHC 1462 (Admin)

Leave a Comment / Assessment and Eligibility, Assessment for meeting needs under s117 Mental Health Act, Assessment under the Care Act, Care and Treatment Reviews for people detained or at risk of detention under the Mental Health Act, Due process requirements for Lawful Assessment, Eligibility for s117 Mental Health Act aftercare, Immigration and Adult Social Care, Judicial Review, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights /

In this rolled up hearing for permission and the substantial arguments the High Court considered the extent of the after-care obligations owed under s117 of the Mental Health Act 1983 to those in the UK illegally. The applicant, MM, was a Zambian national who had originally entered the UK as a dependant on his wife’s

R (on the application of Michael Mwanza) v (1) Greenwich London Borough Council (2) Bromley London Borough Council (2010) EWHC 1462 (Admin) Read More »

Oxfordshire Mental Healthcare NHS Trust and another (on the application of F) [2001] EWCH Admin 535 (QBD)

Leave a Comment / Assessment and Eligibility, Care Planning, Budgets and Choice Rights, Duties and Discretions, Eligibility for s117 Mental Health Act aftercare, Judicial Review, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, The range of services, items, facilities and responses able to be provided under the Care Act, The statutory criterion for eligibility for s117 aftercare /

Mental Health – treatment – resources – informal patient – priority – target duty – absolute duty F, who was a restricted patient at Broadmoor, applied for judicial review of the Trust and Health Authority’s refusal to fund a placement for her treatment at a Medium Secure Unit at Manchester. It was common ground that

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Ombudsman’s investigation – York City Council – 04/B/01280 (31/1/06)

Leave a Comment / Assessment and Eligibility, Assessment for meeting needs under s117 Mental Health Act, Care Planning, Budgets and Choice Rights, Choice of Accommodation post Care Act, Choice of Accommodation Rights for Mental Health Act aftercare clients, Due process in eligibility decision-making for s117 aftercare, Eligibility for Continuing NHS healthcare, Eligibility for s117 Mental Health Act aftercare /

This report concerned a complaint by the son of a female patient (S) detained under s.3 Mental Health Act 1983, that York City Council (York) was unable to guarantee the provision and funding of the aftercare needed by S.  As a result of York’s actions, S’s family found a place for her in a private

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Mental Health Review Tribunal, North & East London Region and the Secretary of State for the Department of Health, ex p H (The Times, 2 April 2001) (CA)

Leave a Comment / Article 5 the right to liberty, Assessment and Eligibility, Eligibility for s117 Mental Health Act aftercare, Human Rights in health and Social Care, The statutory criterion for eligibility for s117 aftercare /

Mental health – human rights – mental health review tribunal – incompatibility The provisions of sections 72 and 73 of the Mental Health Act 1983 were incompatible with article 5 of the European Convention on Human Rights, in that they required a patient to prove that he was not suffering from mental disorder, and could

Mental Health Review Tribunal, North & East London Region and the Secretary of State for the Department of Health, ex p H (The Times, 2 April 2001) (CA) Read More »

Masterman-Lister v Jewell & anr [2002] EWCA Civ 1889

Leave a Comment / Assessment and Eligibility, Care Planning, Budgets and Choice Rights, Due process in eligibility decision-making, Due process rights in care planning, Eligibility for s117 Mental Health Act aftercare, The relevance of Mental Capacity (and incapacity) for Care Planning, and who is the decision-maker /

In 1980 the claimant suffered brain damage following a serious road traffic accident. In September 1987 the claimant accepted a settlement of £70,000. In 1992 following a consultation with a consultant in neuropsychiatric rehabilitation, the claimant became aware that there was a possibility that he ought to have been categorised as a ‘patient’ under s94(2)

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Kenneth John Richards (by his deputy and litigation friend Anne Minihane) v Worcestershire County Council and South Worcestershire CCG [2016]

Leave a Comment / Assessment and Eligibility, Eligibility for s117 Mental Health Act aftercare, The statutory criterion for eligibility for s117 aftercare /

Keywords: s117, private law claim, judicial review FACTS: The claimant (Mr Richards) had sustained head injuries in a traffic accident in 1984 and had been diagnosed subsequently with frontal lobe damage and bipolar affective disorder. As a result of the accident he had received an insurance settlement which had enabled the private funding of a

Kenneth John Richards (by his deputy and litigation friend Anne Minihane) v Worcestershire County Council and South Worcestershire CCG [2016] Read More »

IH v Secretary of State for the Home Department & ors [2003] UKHL 59

Leave a Comment / Article 5 the right to liberty, Assessment and Eligibility, Assessment for meeting needs under s117 Mental Health Act, Eligibility for s117 Mental Health Act aftercare, How the Care Act fits in with the Mental Health Act (and s117 aftercare), Human Rights in health and Social Care /

A Mental Health Review Tribunal had ordered the discharge of IH, who was a restricted patient, on the condition that he received psychiatric supervision. No psychiatrist willing to supervise IH could be found, with the result that he continued to be detained for a further 2 years, between February 2000 and March 2002. IH claimed

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