Mental Health Act

Suffolk County Council at fault for improperly implementing its s117 aftercare duty

Leave a Comment / Local Government Ombudsmen's Reports /

Decision Date: 27 Nov 2023 What happened Miss X complained that the Council, and Norfolk and Suffolk NHS Foundation Trust, did not assess her aftercare needs before she was discharged from Section 3 of the Mental Health Act (MHA) 1983.  She claimed that, following her discharge in June 2022, there was a complete lack of […]

Suffolk County Council at fault for improperly implementing its s117 aftercare duty Read More »

How soon after a s2 Mental Health Act application can a s3 application be instigated, and how many ASW interviews are necessary?

Leave a Comment / C&HL Questions Amend /

You need to login to view this content. If you are already logged in and still seeing this message your account has not been upgraded to a full account yet. If you think this is in error please contact us by clicking here

How soon after a s2 Mental Health Act application can a s3 application be instigated, and how many ASW interviews are necessary? Read More »

How hard does an Approved Social Worker have to work, to identify and contact the correct Nearest Relative?

Leave a Comment / C&HL Questions Amend /

A patient’s nearest relative is laid down in s26 Mental Health Act, in a list with a hierarchy of first to last, by reference to the closeness of the relationship. Before guardianship can proceed, there is a requirement to contact the nearest relative and inform them of the proposal, and to give them a chance

How hard does an Approved Social Worker have to work, to identify and contact the correct Nearest Relative? Read More »

How does the Human Rights Act 1998 achieve its aims?

Leave a Comment / C&HL Questions Amend /

The Act requires all Courts and Tribunals to take account of European case law on human rights, built up over 50 years. This will inevitably lengthen proceedings. Lawyers working in this field will have to become familiar with this law. Members, managers and officers must appreciate that the law is the ultimate arbiter of justification for interference

How does the Human Rights Act 1998 achieve its aims? Read More »

Why is it not lawful to charge for s117 Mental Health Act aftercare?

Leave a Comment / C&HL Questions Amend /

Why is it not lawful to charge for s117 Mental Health Act aftercare? In the quartet of local authority cases (see Watson) the Court of Appeal has comprehensively forbidden charging for residential services provided by way of aftercare, under s117 of the Mental Health Act (which applies to those released from detention under sections 3,

Why is it not lawful to charge for s117 Mental Health Act aftercare? Read More »

On what is Mental Health law based, in England?

Leave a Comment / C&HL Questions Amend /

Apart from the common law, the Mental Health Act 1983 and the Mental Health (Patients in the Community) Act 1995 provide the principal pieces of legislation governing mental health services and treatment. When the 1983 Act was passed it reflected the then current situation which was that most people with chronic or acute mental illnesses

On what is Mental Health law based, in England? Read More »

Bearing in mind that the s117 aftercare function is a joint duty, who should be paying for s117 after-care?

Leave a Comment / C&HL Questions Amend /

The most tantalising thing about the Watson decision is what the Court nearly said about the funding consequences of s117 being a joint duty for Health and Local Authorities. The Court stressed that the effect of the joint duty is the provision of a seamless service, regardless of which side of the health/social services divide

Bearing in mind that the s117 aftercare function is a joint duty, who should be paying for s117 after-care? Read More »

Bearing in mind that the s117 aftercare function is a joint duty, who should be paying for s117 after-care?

Leave a Comment / C&HL Questions Amend /

The most tantalising thing about the Watson decision is what the Court nearly said about the funding consequences of s117 being a joint duty for Health and Local Authorities. The Court stressed that the effect of the joint duty is the provision of a seamless service, regardless of which side of the health/social services divide

Bearing in mind that the s117 aftercare function is a joint duty, who should be paying for s117 after-care? Read More »

Are an authority’s budget problems a lawful reason for refusing to purchase s117 Mental Health Act aftercare?

Leave a Comment / C&HL Questions Amend /

In Camden & Islington HA ex p K, although budget problems were not in play on the facts of that case, and the difficulty in arranging the aftercare stemmed from the unwillingness of any professional to take the responsibility on, one of the judges mentioned that he thought that s117 services were subject to available

Are an authority’s budget problems a lawful reason for refusing to purchase s117 Mental Health Act aftercare? Read More »