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 »
If any person sues the local authority for a repayment, it will be on the basis that they were charged under s22 NAA for residential or nursing accommodation, when in fact they should not have been, because they were in fact entitled to be provided with the accommodation pursuant to s117 MHA which has no
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
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
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