Involuntary Mental Health, Section 117 & Aftercare

The Mental Health Act 1983 contains a little-known benefit for people who have been an inpatient in a psychiatric hospital, and who have a right on discharge to free aftercare. This may mean the difference between having to sell the family home to fund care home fees and preserving an inheritance.

This right of free aftercare is not subject to means testing and is available to anybody who has been involuntarily detained in hospital for treatment or had certain types of psychiatric treatment.

This non-means tested benefit is extremely valuable.

Section 117 requires the NHS (Clinical Commissioning Group) and the Local Authority to arrange free aftercare services. This very valuable right continues until the underlying illness no longer exists. In reality, sadly, Section 177 rights will last for a person’s entire lifetime.

What a person is entitled to is specific to the individual.

Section 117 is not means tested. In 2017 a gentleman who had been awarded nearly £3m of damages for a road traffic accident was seeking to have his aftercare paid for under Section 117 and his Local Authority thought he should pay for his care out of his compensation. The courts were very clear in saying that charging a person who has Section 117 is unlawful. It is a right in law irrespective how much or how little money a person has.

What can Section 117 cover?

In a care and support plan we would ensure that it covers where a person is going to live, what support they will need such as help with making meals, shopping and doing the laundry, support with meeting friends and recreational activities.

Section 117 is one of the few areas where there is a joint responsibility for both the NHS and the Local Authority to make sure that whoever has been detained leaves hospital with a package of care that is going to ensure that the likelihood of readmission to hospital is minimised and the quality of their life is enhanced to the maximum extent possible.

In our experience Section 117 Aftercare is often overlooked both by the hospital, minimised by the Local Authority who have to pay for it, and is unknown by almost everyone we speak to.

At Steene Law when we initially speak to people we ask whether they remember when they were growing up if there were periods in their parents’ life when they were absent and if they mention they thought there was some psychiatric issue, often we are able to obtain evidence there was instance that gave rise to the Section 117 rights.

One client who we discovered that their family member had these rights, and we got a £60,000 per annum package of care wrote……

The service was personal and went well beyond the call of duty, demonstrating clearly that, although acting at all times to the highest standards of professional practice, this was a labour of love.

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We are available from 8am to 7pm, Monday to Friday and will explain your options.

Mike Crawford

16 January 2024

I cannot speak highly enough of the helpfulness, professionalism and most of all the empathy shown by David Steene in my recent correspondence with him. My sincere thanks and I would honestly recommend this Firm to others without hesitation.

Jane James

6 January 2024

I cannot thank Mr. David Steene enough, a wonderful, kind and genuine gentleman who always had time to listen and had great compassion. I had never heard of deliberate deprivation of assets until I was accused of it, by my Local Authority. Brought about when my mother had to go into a care home, she'd had a mild stroke and early onset dementia, aged 92. I knew that this accusation was untrue, it was unkind, extremely stressful and had a huge impact on my family, including my mother. I sought help from Mr. Steene, to prove my innocence and hep my family. I chose his company, as they were experts in this field and already had brilliant reviews. Mr. Steene listened to what I had to say, was interested and asked me appropriate questions. He had so much information and knowledge with regards to Local Authorities and DOA, which he kindly explained to me in understandable words. Mr. Steene advised me what to do and to get back to him if I required further help. The phone call was followed up with a comprehensive E mail. My battle with the Local Authority commenced. After 13 months the accusation of DOA was dropped. I could not have fought this battle without knowing that Me. Steene was always available when I required further help and advice. He always answered me with professionalism. He would have taken on the case if I had failed. Mr. Steene pointed me in the right direction and gave me the encouragement and confidence that I needed. I cannot thank him enough. The receptionists who answered the phone, were always professional and helpful and always took a detailed message to pass on to Mr.Steene. A wonderful team, an efficient, professional company. I highly recommend them. A photo of my mum and my son. We are human beings.

Marcus Mackay

14 December 2023

David and Dianne provided myself and the rest of the family with sound advice in a thoughtful and genuinely caring way. While clearly expert in what he does, talking to David was like dealing with an old friend. In our case, my father had Alzheimer's and we needed to organise care, David and Dianne provided invaluable advice on how to navigate through the UK's dysfunctional NHS and adult "care" system in order to get the best possible support. As a word to the wise, be prepared for a battle and I am sad to say it, do not trust anything the council or NHS workers say, they are under immense pressure to get you to sign documents which will give them control of the situation and their only metric of success is to get hold of your money and have you pay for your care! Clearly looking after my father was our number one priority, but money does matter especially as care costs can easily exceed a thousand pounds a week. This means that the money my father had saved through his long working life was being burned through at a ferocious rate, so slowing down the council was key to ensuring that they couldn't eat into the value of my mother and father's house. It is disgusting that successive governments haven't put a cap on the amount you are expected to pay for care. I have no interest in inheritance, but I don't want my mother to be worried about owing the council money in her final years. So back to David and Dianne, they will both help you in their fields of expertise, but also point you to other aspects of the situation such as legal matters that you may want to consider. In the end, it is all about looking after people when they are at their time of greatest need and against that measure I can't think of a more capable, dedicated and compassionate couple than David and Dianne. This is a picture of my father and mother just as Alzheimers took hold of my father 5 years ago, he died on the 5th of December 2023.

warren appleby

11 December 2023

It was David's advice and knowledge that guided me through the OPG forms. He gave me confidence that I could deal with this on my own! I went on to prove my case with no further action taken! Highly recommend!!

Avis Caddy

3 November 2023

The law around paying care home fees is complicated. We were faced with a Local Authority who refused to give us a property disregard. We called David, and he told us on that first call that we would win, and he would succeed in a care home fees property disregard application. Our Local Authority dug their heels in, and each time they said no, David and Dianne, who are expert solicitors in paying for care fee law, explained why we were right, and why the care fees property disregard applied, and why the Local Authority were wrong. We won! The property was disregarded for care fees. David succeeded in getting the relatives’ property disregard which meant that our family member is secure in their care home, and we will not lose the roof over our heads. David, we can't thank you enough!

Lesley Mckenzie

14 September 2023

Had a particular problem with social services trying to claim a contribution towards my ex-husbands care after separating some 10 years ago but without divorcing. David reassured me that I was not liable so very grateful to him and explained the process going forward. Invaluable help cannot thank him enough

Mike Bravery

17 August 2023

I emailed David Steene late one evening and he kindly called me am the next ...excellent response. David was very professional and my question in his opinion would be better answered by another company. David sent me the appropriate link. He also reassured me that if I needed his expertise he would be very pleased to hear from me. Excellent service thank you David

andrew fry

14 August 2023

David and his wife gave us unprecedented realistic advice and clearly out too help people not take advantage of them. Many Thanks We hope to be in contact again shortly

Jean M Sheaf

7 August 2023

David acted on our behalf to petition our local authority to reconsider their incorrect decision of deprivation of assets, where monies were gifted before care was needed. He was honest, thorough and professional throughout. We would heartily recommend him to fight your case if you have also fallen foul of the system like we did.

Barton Bank

3 August 2023

I have spent over forty years working in law but a care issue arose that was well outside my area of expertise. I emailed Steene Law as they specialise in the area of care law and David Steene responded immediately. He provided excellent and timely advice on a number of occasions and, when a dispute with the local authority over care costs came to a head, one email to the LA from David caused them to immediately back down. I have no doubt that, without his assistance, the LA would have stood their ground. I shudder to think how unrepresented family members are treated by local authorities. If you are ever in a situation concerning care for a loved one do not try and do it yourself. Get a solicitor and, if possible, get this firm.

What Our Clients Say