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Mental Health / AftercareUnited Kingdom
Free Section 117 Aftercare Request Template
Section 117 of the Mental Health Act 1983 imposes a joint duty on the Integrated Care Board (ICB) and the Local Authority to provide aftercare services to patients discharged from detention under section 3, section 37, section 45A, section 47 or section 48 of the MHA 1983. The services are free of charge per the House of Lords decision in R v Manchester City Council ex p Stennett [2002] UKHL 34. The joint duty applies until both the ICB and the Local Authority are satisfied that the person is no longer in need of after-care services arising from the mental disorder. Our free United Kingdom template builds a structured request letter to the joint authorities covering patient details, detention history, aftercare needs, current provision gap and impact on recovery, with four Expert clauses on the Mwanza scope and Care Act 2014 boundary, the Stennett no-charging principle and Tinsley restitution recovery, the Worcestershire ordinary residence test, and the Care Programme Approach interface with care co-ordinator appointment and section 117 review meetings.
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Request for Aftercare Services under Section 117 of the Mental Health Act 1983
Joint Duty Of The ICB And The Local Authority · 12 June 2026
Saima Akhtar (Independent Mental Health Advocate for Daniel Christopher Reeves)
Inpatient — Beacon Ward, The Hawthorn Hospital, Leeds LS9 7TF
07911 552 308
d.reeves.advocacy@email.co.uk
12 June 2026
NHS West Yorkshire Integrated Care Board AND Leeds City Council Adult Social Care (Adult Social Care)
White Rose House, Southgate, Leeds LS1 7HG
Civic Hall, Leeds LS1 1UR
Civic Hall, Leeds LS1 1UR
RE: Request for aftercare services under section 117 of the Mental Health Act 1983 — Daniel Christopher Reeves
This request is made for the provision of aftercare services in respect of the above-named patient pursuant to the joint duty in section 117 of the Mental Health Act 1983. The patient has been detained under section 3 — admission for treatment of the Mental Health Act 1983 and is now planned discharge — request submitted in advance of discharge. The request engages the joint duty of the Integrated Care Board and the Local Authority for the area of ordinary residence immediately before detention. Particulars are set out in the sections below.
This request is made for the provision of aftercare services in respect of the above-named patient pursuant to the joint duty in section 117 of the Mental Health Act 1983. The patient has been detained under section 3 — admission for treatment of the Mental Health Act 1983 and is now planned discharge — request submitted in advance of discharge. The request engages the joint duty of the Integrated Care Board and the Local Authority for the area of ordinary residence immediately before detention. Particulars are set out in the sections below.
1. PATIENT PARTICULARS
| PATIENT NAME | Daniel Christopher Reeves |
| DATE OF BIRTH | 17 August 1979 |
| NHS NUMBER | NHS 814 226 5573 |
| CURRENT ADDRESS | Inpatient — Beacon Ward, The Hawthorn Hospital, Leeds LS9 7TF |
| ADDRESS IMMEDIATELY BEFORE DETENTION | 12B Marsh Lane, Leeds LS9 8DR, (tenancy preserved — Leeds City Council Housing) |
| TELEPHONE | 07911 552 308 |
| d.reeves.advocacy@email.co.uk | |
| REQUEST MADE BY | Request by a personal representative or advocate |
| REPRESENTATIVE NAME | Saima Akhtar (Independent Mental Health Advocate) |
| REPRESENTATIVE RELATIONSHIP | IMHA appointed under section 130A of the Mental Health Act 1983, instructed since 4 March 2026 |
2. DETENTION HISTORY.
(a) Detaining section: Section 3 — admission for treatment.
(b) Hospital of detention: The Hawthorn Hospital — Beacon Ward, Leeds Mental Health NHS Foundation Trust.
(c) Date of admission: 14 February 2026.
(d) Date of discharge (or planned discharge): 26 June 2026.
(e) Discharge status: Planned discharge — request submitted in advance of discharge.
(f) Responsible Clinician: Dr Naomi Sanderson, Consultant Psychiatrist.
The above detention is within the list of qualifying sections (s.3, s.37, s.45A, s.47 or s.48) that engage the section 117 aftercare duty. The patient is entitled to the joint aftercare provision until both the ICB and the Local Authority are satisfied that the person is no longer in need of after-care services arising from the mental disorder.
(a) Detaining section: Section 3 — admission for treatment.
(b) Hospital of detention: The Hawthorn Hospital — Beacon Ward, Leeds Mental Health NHS Foundation Trust.
(c) Date of admission: 14 February 2026.
(d) Date of discharge (or planned discharge): 26 June 2026.
(e) Discharge status: Planned discharge — request submitted in advance of discharge.
(f) Responsible Clinician: Dr Naomi Sanderson, Consultant Psychiatrist.
The above detention is within the list of qualifying sections (s.3, s.37, s.45A, s.47 or s.48) that engage the section 117 aftercare duty. The patient is entitled to the joint aftercare provision until both the ICB and the Local Authority are satisfied that the person is no longer in need of after-care services arising from the mental disorder.
3. AFTERCARE NEEDS IDENTIFIED.
The aftercare needs identified for the patient are: (i) specialist supported accommodation (or single-bedroom independent flat with floating support); (j) community psychiatric nurse follow-up; (k) psychiatric outpatient appointments; (l) psychological therapy (CBT, DBT or other modality as clinically indicated); (m) medication management and depot administration; (n) supported employment, education or vocational rehabilitation.
Other needs:
Carer respite for the patient mother (current informal carer); access to the Hawthorn Hospital recovery college peer-support programme; transport assistance for the first three months of outpatient attendance; warm-home pack and food bank referral for the first twelve weeks of community living to bridge the universal-credit transition.
Each need arises from or is related to the patient mental disorder for which he or she was detained, and the provision of the service reduces the risk of a deterioration in the patient mental condition. The needs accordingly fall squarely within the section 117 aftercare framework and are sought as part of the joint duty.
The aftercare needs identified for the patient are: (i) specialist supported accommodation (or single-bedroom independent flat with floating support); (j) community psychiatric nurse follow-up; (k) psychiatric outpatient appointments; (l) psychological therapy (CBT, DBT or other modality as clinically indicated); (m) medication management and depot administration; (n) supported employment, education or vocational rehabilitation.
Other needs:
Carer respite for the patient mother (current informal carer); access to the Hawthorn Hospital recovery college peer-support programme; transport assistance for the first three months of outpatient attendance; warm-home pack and food bank referral for the first twelve weeks of community living to bridge the universal-credit transition.
Each need arises from or is related to the patient mental disorder for which he or she was detained, and the provision of the service reduces the risk of a deterioration in the patient mental condition. The needs accordingly fall squarely within the section 117 aftercare framework and are sought as part of the joint duty.
4. CURRENT PROVISION, GAP AND IMPACT ON RECOVERY.
(a) Current provision:
Inpatient at The Hawthorn Hospital since 14 February 2026 under section 3. The discharge planning meeting on 8 June 2026 identified a planned discharge on 26 June 2026 to the patient pre-detention address subject to housing-officer confirmation that the tenancy has been preserved. The Trust has identified a need for supported accommodation as a step-down from the pre-detention independent tenancy.
(b) Gap in provision:
The supported accommodation referral made by the Trust to the Leeds Adult Social Care commissioning team on 12 May 2026 has not been allocated a placement. The community psychiatric nurse referral made on the same date has been assigned to the East Leeds CMHT but no named care co-ordinator has been confirmed. The Care Programme Approach planning meeting was scheduled for 22 May 2026 but did not take place. The patient is therefore facing a discharge into the pre-detention address without confirmed supported accommodation or named care co-ordinator.
(c) Impact on recovery:
The absence of confirmed supported accommodation and named care co-ordinator at discharge will materially increase the risk of relapse in the post-discharge period. The Trust own clinical risk assessment dated 8 June 2026 identifies the first ninety days post-discharge as the highest-risk window for relapse and re-admission. Without immediate engagement with the community team and confirmed accommodation, the planned discharge is likely to fail.
(a) Current provision:
Inpatient at The Hawthorn Hospital since 14 February 2026 under section 3. The discharge planning meeting on 8 June 2026 identified a planned discharge on 26 June 2026 to the patient pre-detention address subject to housing-officer confirmation that the tenancy has been preserved. The Trust has identified a need for supported accommodation as a step-down from the pre-detention independent tenancy.
(b) Gap in provision:
The supported accommodation referral made by the Trust to the Leeds Adult Social Care commissioning team on 12 May 2026 has not been allocated a placement. The community psychiatric nurse referral made on the same date has been assigned to the East Leeds CMHT but no named care co-ordinator has been confirmed. The Care Programme Approach planning meeting was scheduled for 22 May 2026 but did not take place. The patient is therefore facing a discharge into the pre-detention address without confirmed supported accommodation or named care co-ordinator.
(c) Impact on recovery:
The absence of confirmed supported accommodation and named care co-ordinator at discharge will materially increase the risk of relapse in the post-discharge period. The Trust own clinical risk assessment dated 8 June 2026 identifies the first ninety days post-discharge as the highest-risk window for relapse and re-admission. Without immediate engagement with the community team and confirmed accommodation, the planned discharge is likely to fail.
5. REQUEST FOR JOINT PROVISION.
The patient (or representative) accordingly requests the Integrated Care Board (NHS West Yorkshire Integrated Care Board) and the Local Authority Adult Social Care department (Leeds City Council Adult Social Care) to:
(a) accept the section 117 aftercare duty in respect of this patient;
(b) commission or arrange the services identified above through the agreed joint pooled-budget arrangements or by separate ICB and Local Authority provision as appropriate;
(c) appoint a care co-ordinator and convene a section 117 planning meeting within the timescale set out in the discharge planning record (typically within fourteen days of discharge or sooner if the discharge is imminent);
(d) confirm in writing the responsible ICB and the responsible Local Authority by reference to the patient ordinary residence immediately before detention;
(e) provide a written aftercare plan to the patient (and where applicable the representative and nearest relative);
(f) confirm that the services are provided free of charge in accordance with the Stennett principle.
The patient (or representative) accordingly requests the Integrated Care Board (NHS West Yorkshire Integrated Care Board) and the Local Authority Adult Social Care department (Leeds City Council Adult Social Care) to:
(a) accept the section 117 aftercare duty in respect of this patient;
(b) commission or arrange the services identified above through the agreed joint pooled-budget arrangements or by separate ICB and Local Authority provision as appropriate;
(c) appoint a care co-ordinator and convene a section 117 planning meeting within the timescale set out in the discharge planning record (typically within fourteen days of discharge or sooner if the discharge is imminent);
(d) confirm in writing the responsible ICB and the responsible Local Authority by reference to the patient ordinary residence immediately before detention;
(e) provide a written aftercare plan to the patient (and where applicable the representative and nearest relative);
(f) confirm that the services are provided free of charge in accordance with the Stennett principle.
6. MWANZA SCOPE AND CARE ACT SEPARATION.
R (Mwanza) v Greenwich LBC [2010] EWHC 1462 (Admin) confirms that section 117 covers services that meet a need arising from or related to the patient mental disorder and which reduce the risk of a deterioration in the patient mental condition. Services that meet purely social or general welfare needs unrelated to the mental disorder fall outside section 117 and into the Care Act 2014 means-tested regime.
(a) Connection to mental disorder:
Each aftercare service requested arises from or is directly related to the patient diagnosis of paranoid schizophrenia and the post-discharge relapse risk. Supported accommodation reduces the risk of homelessness leading to disengagement from medication; community psychiatric nurse follow-up provides continuity of clinical contact in the post-discharge window; psychological therapy supports the patient cognitive behavioural therapy programme commenced as an inpatient; medication management supports oral and depot antipsychotic continuity; supported employment supports the patient identified recovery goal of returning to part-time joinery work.
(b) Care Act 2014 separation position:
The carer respite for the patient mother and the food bank referral fall into the Care Act 2014 general welfare regime. The section 117 services are limited to the items in section 3 that arise from the mental disorder. Pre-staging the boundary avoids double charging — section 117 services free of charge; Care Act services subject to means-test as appropriate; non-statutory services (warm-home pack, food bank) routed through voluntary-sector partners.
(c) Deterioration prevention position:
The deterioration-prevention rationale is documented in the Trust risk assessment of 8 June 2026 — the first ninety days post-discharge is the highest-risk window for paranoid schizophrenia relapse and self-discontinuation of medication. Supported accommodation and care co-ordinator engagement in this window are the most cost-effective relapse-prevention interventions identified in the NICE evidence base.
R (Mwanza) v Greenwich LBC [2010] EWHC 1462 (Admin) confirms that section 117 covers services that meet a need arising from or related to the patient mental disorder and which reduce the risk of a deterioration in the patient mental condition. Services that meet purely social or general welfare needs unrelated to the mental disorder fall outside section 117 and into the Care Act 2014 means-tested regime.
(a) Connection to mental disorder:
Each aftercare service requested arises from or is directly related to the patient diagnosis of paranoid schizophrenia and the post-discharge relapse risk. Supported accommodation reduces the risk of homelessness leading to disengagement from medication; community psychiatric nurse follow-up provides continuity of clinical contact in the post-discharge window; psychological therapy supports the patient cognitive behavioural therapy programme commenced as an inpatient; medication management supports oral and depot antipsychotic continuity; supported employment supports the patient identified recovery goal of returning to part-time joinery work.
(b) Care Act 2014 separation position:
The carer respite for the patient mother and the food bank referral fall into the Care Act 2014 general welfare regime. The section 117 services are limited to the items in section 3 that arise from the mental disorder. Pre-staging the boundary avoids double charging — section 117 services free of charge; Care Act services subject to means-test as appropriate; non-statutory services (warm-home pack, food bank) routed through voluntary-sector partners.
(c) Deterioration prevention position:
The deterioration-prevention rationale is documented in the Trust risk assessment of 8 June 2026 — the first ninety days post-discharge is the highest-risk window for paranoid schizophrenia relapse and self-discontinuation of medication. Supported accommodation and care co-ordinator engagement in this window are the most cost-effective relapse-prevention interventions identified in the NICE evidence base.
7. STENNETT NO-CHARGING AND TINSLEY RECOVERY.
R v Manchester City Council ex p Stennett [2002] UKHL 34 confirms that section 117 aftercare services are free of charge. Per Lord Steyn, the statutory scheme leaves no room for charging. Tinsley v Manchester City Council [2017] EWCA Civ 1704 confirms that charges paid in error are recoverable on a restitution basis from the charging authority.
(a) Charging position:
The patient (through the IMHA representative) confirms that the services are sought free of charge in accordance with the Stennett principle. Any attempt by Leeds City Council Adult Social Care or by the West Yorkshire ICB to impose charges for the section 117 services identified will be challenged on the established authority. The patient income consists of universal credit and personal independence payment and any charging in any event would be disputed on the means-test.
(b) Retrospective recovery position:
No retrospective charges are currently identified for recovery. The patient first detention under section 3 was the present admission in February 2026 and no aftercare services have yet been delivered or charged. The recovery position is preserved for future use should any charges be imposed in error on the post-discharge package and the Tinsley restitution claim will be available.
(c) Documentary evidence of charges:
No charging documentation currently exists. Once aftercare services commence, the patient (through the IMHA representative) will retain all invoices, direct-debit records and benefit-deduction notices to establish the documentary record for any future Tinsley recovery claim if charges are imposed in error.
R v Manchester City Council ex p Stennett [2002] UKHL 34 confirms that section 117 aftercare services are free of charge. Per Lord Steyn, the statutory scheme leaves no room for charging. Tinsley v Manchester City Council [2017] EWCA Civ 1704 confirms that charges paid in error are recoverable on a restitution basis from the charging authority.
(a) Charging position:
The patient (through the IMHA representative) confirms that the services are sought free of charge in accordance with the Stennett principle. Any attempt by Leeds City Council Adult Social Care or by the West Yorkshire ICB to impose charges for the section 117 services identified will be challenged on the established authority. The patient income consists of universal credit and personal independence payment and any charging in any event would be disputed on the means-test.
(b) Retrospective recovery position:
No retrospective charges are currently identified for recovery. The patient first detention under section 3 was the present admission in February 2026 and no aftercare services have yet been delivered or charged. The recovery position is preserved for future use should any charges be imposed in error on the post-discharge package and the Tinsley restitution claim will be available.
(c) Documentary evidence of charges:
No charging documentation currently exists. Once aftercare services commence, the patient (through the IMHA representative) will retain all invoices, direct-debit records and benefit-deduction notices to establish the documentary record for any future Tinsley recovery claim if charges are imposed in error.
8. WORCESTERSHIRE ORDINARY RESIDENCE TEST.
R (Worcestershire CC) v Secretary of State for Health and Social Care [2023] UKSC 31 confirms that "ordinary residence" for section 117 purposes is determined immediately before the relevant detention. Where the patient is detained, discharged into the community and then re-detained, ordinary residence is re-tested at the second detention. This was the Supreme Court correction to earlier first-instance authority.
(a) Pre-detention residence basis:
The patient ordinary residence immediately before the 14 February 2026 detention was 12B Marsh Lane, Leeds LS9 8DR. The basis is documented by the Leeds City Council Housing tenancy agreement dated 3 March 2022, the council tax record showing the patient as sole occupant since the same date, the patient GP registration with the Cross Green Medical Centre since 4 April 2022 and the patient electoral register entry from 1 December 2022. The habitual centre of life is unambiguously Leeds LS9.
(b) Re-detention position:
The present detention is the patient first detention under section 3 of the Mental Health Act 1983. There is no prior section 3 detention to test against the Worcestershire framework. Ordinary residence is determined by reference to the position immediately before the 14 February 2026 admission and is uncontentious.
(c) Responsible authority determination:
On the basis of the documented pre-detention ordinary residence at 12B Marsh Lane, Leeds LS9 8DR, the responsible Integrated Care Board is NHS West Yorkshire ICB and the responsible Local Authority is Leeds City Council Adult Social Care. Both authorities are invited to confirm acceptance in writing within seven days. Where there is any doubt as to inter-authority responsibility, the authorities are invited to reach a written agreement under the published procedure rather than withhold provision.
R (Worcestershire CC) v Secretary of State for Health and Social Care [2023] UKSC 31 confirms that "ordinary residence" for section 117 purposes is determined immediately before the relevant detention. Where the patient is detained, discharged into the community and then re-detained, ordinary residence is re-tested at the second detention. This was the Supreme Court correction to earlier first-instance authority.
(a) Pre-detention residence basis:
The patient ordinary residence immediately before the 14 February 2026 detention was 12B Marsh Lane, Leeds LS9 8DR. The basis is documented by the Leeds City Council Housing tenancy agreement dated 3 March 2022, the council tax record showing the patient as sole occupant since the same date, the patient GP registration with the Cross Green Medical Centre since 4 April 2022 and the patient electoral register entry from 1 December 2022. The habitual centre of life is unambiguously Leeds LS9.
(b) Re-detention position:
The present detention is the patient first detention under section 3 of the Mental Health Act 1983. There is no prior section 3 detention to test against the Worcestershire framework. Ordinary residence is determined by reference to the position immediately before the 14 February 2026 admission and is uncontentious.
(c) Responsible authority determination:
On the basis of the documented pre-detention ordinary residence at 12B Marsh Lane, Leeds LS9 8DR, the responsible Integrated Care Board is NHS West Yorkshire ICB and the responsible Local Authority is Leeds City Council Adult Social Care. Both authorities are invited to confirm acceptance in writing within seven days. Where there is any doubt as to inter-authority responsibility, the authorities are invited to reach a written agreement under the published procedure rather than withhold provision.
9. CARE PROGRAMME APPROACH INTERFACE.
The Care Programme Approach is the multi-disciplinary care planning and review framework for people with serious mental health needs in England. Section 117 aftercare is normally delivered through the Care Programme Approach — care co-ordinator appointed, written care plan, periodic review meetings.
(a) Care co-ordinator appointment request:
The patient (through the IMHA representative) requests the immediate appointment of a named care co-ordinator from the East Leeds Community Mental Health Team. The appointment should be confirmed in writing within seven days of this request, ahead of the planned discharge date of 26 June 2026, so that the care co-ordinator can attend the discharge planning meeting and meet the patient before discharge.
(b) Care plan request:
The patient (through the IMHA representative) requests a written care plan identifying (a) each aftercare service; (b) the responsible commissioner or provider; (c) the funding route (ICB / Local Authority / joint pooled budget); (d) the review frequency; (e) the named professional point of contact for each service. The care plan should be provided to the patient and IMHA representative at least seven days before the planned discharge date.
(c) Section 117 review meeting request:
The patient (through the IMHA representative) requests section 117 review meetings on a six-monthly basis for the first eighteen months post-discharge, and twelve-monthly thereafter. The patient and IMHA representative should be invited to all reviews. Any decision to discharge the patient from the section 117 register should be discussed in advance with the patient and representative and grounded in a written rationale confirming that both the ICB and the Local Authority are satisfied that the patient is no longer in need of after-care services arising from the mental disorder.
The Care Programme Approach is the multi-disciplinary care planning and review framework for people with serious mental health needs in England. Section 117 aftercare is normally delivered through the Care Programme Approach — care co-ordinator appointed, written care plan, periodic review meetings.
(a) Care co-ordinator appointment request:
The patient (through the IMHA representative) requests the immediate appointment of a named care co-ordinator from the East Leeds Community Mental Health Team. The appointment should be confirmed in writing within seven days of this request, ahead of the planned discharge date of 26 June 2026, so that the care co-ordinator can attend the discharge planning meeting and meet the patient before discharge.
(b) Care plan request:
The patient (through the IMHA representative) requests a written care plan identifying (a) each aftercare service; (b) the responsible commissioner or provider; (c) the funding route (ICB / Local Authority / joint pooled budget); (d) the review frequency; (e) the named professional point of contact for each service. The care plan should be provided to the patient and IMHA representative at least seven days before the planned discharge date.
(c) Section 117 review meeting request:
The patient (through the IMHA representative) requests section 117 review meetings on a six-monthly basis for the first eighteen months post-discharge, and twelve-monthly thereafter. The patient and IMHA representative should be invited to all reviews. Any decision to discharge the patient from the section 117 register should be discussed in advance with the patient and representative and grounded in a written rationale confirming that both the ICB and the Local Authority are satisfied that the patient is no longer in need of after-care services arising from the mental disorder.
10. RESPONSE REQUESTED. The patient (or representative) invites the Integrated Care Board and the Local Authority Adult Social Care department to:
(a) acknowledge receipt of this request within seven days;
(b) confirm in writing the responsible ICB and the responsible Local Authority for the section 117 duty;
(c) appoint a care co-ordinator and convene a section 117 planning meeting within the discharge-planning timescale;
(d) provide a written aftercare plan;
(e) confirm in writing that the services are provided free of charge in accordance with the Stennett principle.
(a) acknowledge receipt of this request within seven days;
(b) confirm in writing the responsible ICB and the responsible Local Authority for the section 117 duty;
(c) appoint a care co-ordinator and convene a section 117 planning meeting within the discharge-planning timescale;
(d) provide a written aftercare plan;
(e) confirm in writing that the services are provided free of charge in accordance with the Stennett principle.
PATIENT OR REPRESENTATIVE
Saima Akhtar (Independent Mental Health Advocate for Daniel Christopher Reeves)
Daniel Christopher Reeves
Date: ____________________
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What Is Section 117 Aftercare?
Section 117 of the Mental Health Act 1983 imposes a joint statutory duty on the Integrated Care Board (ICB) and the Local Authority to provide or arrange after-care services for patients who have been detained under section 3 (admission for treatment), section 37 (hospital order on conviction), section 45A (hospital and limitation direction), section 47 (transfer to hospital from prison) or section 48 (transfer to hospital from remand) and who have ceased to be detained. The duty applies until both authorities are satisfied that the person is no longer in need of after-care services arising from the mental disorder for which the person was detained. Patients detained under section 2 (assessment) or admitted informally do not engage section 117.
The Health and Care Act 2022 abolished Clinical Commissioning Groups (CCGs) and transferred their statutory functions to Integrated Care Boards (ICBs) on 1 July 2022. The NHS (Integrated Care Boards: Responsibilities) Regulations 2022 (SI 2022/635) determine the responsible ICB by reference to the patient ordinary residence immediately before detention. The Supreme Court confirmed in R (Worcestershire CC) v Secretary of State for Health and Social Care [2023] UKSC 31 that ordinary residence for section 117 purposes is determined immediately before the relevant detention and not at the time the after-care services are provided. Where the patient is detained under section 3, discharged into the community, then re-detained under a fresh section 3, ordinary residence is re-tested at the second detention.
The scope of section 117 covers services that meet a need arising from or related to the patient mental disorder and which reduce the risk of a deterioration in the patient mental condition per R (Mwanza) v Greenwich LBC [2010] EWHC 1462 (Admin). Services that meet purely social or general welfare needs unrelated to the mental disorder fall outside section 117 and into the Care Act 2014 means-tested regime. Section 117 services are free of charge per R v Manchester City Council ex p Stennett [2002] UKHL 34 (Lord Steyn). Charges paid in error are recoverable per Tinsley v Manchester City Council [2017] EWCA Civ 1704. After-care services are typically delivered through the Care Programme Approach with a named care co-ordinator, a written care plan and periodic section 117 review meetings.
What's Covered in This Template
Our United Kingdom section 117 aftercare request template builds a structured letter to the joint ICB and Local Authority addressees covering patient and applicant details, detention history, aftercare needs identified, current provision gap and impact on recovery, with four Expert clauses on the Mwanza scope, Stennett no-charging, Worcestershire ordinary residence and Care Programme Approach interface.
Patient and Applicant Details
Captures patient identification — name, date of birth, NHS number, current address (inpatient or community) and pre-detention address. The pre-detention address is decisive for the Worcestershire ordinary residence test and for determining the responsible ICB and Local Authority. The request can be made by the patient personally, by a personal representative or advocate (typically an Independent Mental Health Advocate appointed under section 130A of the MHA 1983), or by the patient nearest relative under section 26.
Detention History — Qualifying Section
Captures the detaining section (section 3, section 37, section 45A, section 47 or section 48 of the MHA 1983), the hospital of detention, the admission date, the discharge date (or planned discharge date) and the discharge status (discharged, planned discharge in advance, or on section 17 leave pending discharge). Only the listed qualifying sections engage the section 117 duty — section 2 (assessment) and informal admission do not.
Aftercare Needs Identified
Captures the specific aftercare needs — specialist supported accommodation, community psychiatric nurse follow-up, psychiatric outpatient appointments, psychological therapy (CBT, DBT or other modality), medication management and depot administration, supported employment / education / vocational rehabilitation, and any other identified needs. Each need is framed as arising from or related to the mental disorder for the Mwanza scope test.
Current Provision Gap and Impact on Recovery
Captures the current provision summary (what is in place — referrals made, services commenced, named contacts confirmed), the gap in provision (what is missing — unallocated referrals, unconfirmed care co-ordinator, missed planning meetings) and the impact on recovery (risk of relapse, risk of re-admission, risk of disengagement from medication, risk of housing breakdown). The Trust own discharge risk assessment is typically the documentary source for the recovery impact.
Joint Authority Addressees — ICB + LA
Captures the Integrated Care Board name and address and the Local Authority Adult Social Care name and address. Many areas operate joint pooled-budget commissioning to deliver section 117 services seamlessly between the ICB and Local Authority. The post-July 2022 ICB framework following the Health and Care Act 2022 is captured directly.
Mwanza Scope and Care Act 2014 Separation (Expert)
Expert clause maps the section 117 scope per R (Mwanza) v Greenwich LBC [2010] EWHC 1462 (Admin). Services arising from the mental disorder fall under section 117 and are free of charge. Services meeting purely social welfare needs fall under the Care Act 2014 means-test regime. Pre-staging the boundary avoids unlawful charging through mischaracterisation of section 117 services as Care Act services.
Stennett No-Charging and Tinsley Recovery (Expert)
Expert clause pre-stages the no-charging principle. R v Manchester City Council ex p Stennett [2002] UKHL 34 (Lord Steyn) confirms section 117 services are free of charge — the statutory scheme leaves no room for charging. Tinsley v Manchester City Council [2017] EWCA Civ 1704 confirms charges paid in error are recoverable on a restitution basis from the charging authority.
Worcestershire Ordinary Residence (Expert)
Expert clause maps the ordinary residence test per R (Worcestershire CC) v Secretary of State for Health and Social Care [2023] UKSC 31. Ordinary residence is determined immediately before the relevant detention. Where there is a re-detention scenario, residence is re-tested at the second detention. The Worcestershire decision overturned earlier first-instance authority and is decisive in inter-authority disputes that delay provision.
Care Programme Approach Interface (Expert)
Expert clause structures the Care Programme Approach delivery vehicle. The CPA is the multi-disciplinary care planning and review framework for people with serious mental health needs — care co-ordinator appointed, written care plan, periodic review meetings. Section 117 aftercare is normally delivered through the CPA. The request engages the CPA at the discharge planning stage.
Care Co-ordinator Appointment Request
Pre-staged request for appointment of a named care co-ordinator within the published timescale (typically within fourteen days of discharge or sooner where discharge is imminent). The care co-ordinator should attend the discharge planning meeting and meet the patient before discharge to support continuity of care.
Written Care Plan Request
Pre-staged request for a written care plan identifying each aftercare service, the responsible commissioner or provider, the funding route (ICB / Local Authority / joint pooled budget), the review frequency and the named professional point of contact for each service. The care plan should be provided to the patient and representative at least seven days before the planned discharge date.
Section 117 Review Meeting Request
Pre-staged request for periodic section 117 review meetings — typically six-monthly for the first eighteen months post-discharge and twelve-monthly thereafter. Any decision to discharge the patient from the section 117 register must be grounded in a written rationale confirming that both the ICB and the Local Authority are satisfied that the patient is no longer in need of after-care services arising from the mental disorder.
How to Build a Section 117 Aftercare Request
Follow these steps to produce a structured United Kingdom section 117 aftercare request that engages the joint duty of the ICB and the Local Authority.
- 1
Confirm the Detention Was Under a Qualifying Section
Confirm the detention was under a qualifying section — section 3 (admission for treatment), section 37 (hospital order on conviction), section 45A (hospital and limitation direction), section 47 (transfer from prison) or section 48 (transfer from remand). Patients detained under section 2 (assessment) or admitted informally do not engage section 117 and the request should be reframed under the Care Act 2014 or other applicable route.
- 2
Capture Patient and Applicant Details
Capture the patient name, date of birth, NHS number, current address and pre-detention address. The pre-detention address is decisive for the Worcestershire ordinary residence test. Capture the applicant basis — patient personally, Independent Mental Health Advocate, family advocate, or nearest relative under section 26 of the MHA.
- 3
Record the Detention History
Record the detaining section, the hospital of detention, the admission date, the discharge date (or planned discharge date) and the discharge status. Where the request is submitted in advance of discharge to support discharge planning, mark the status as "planned discharge" to engage the ICB and Local Authority before the patient leaves hospital.
- 4
Identify the Aftercare Needs
Identify the aftercare needs — specialist supported accommodation, community psychiatric nurse follow-up, psychiatric outpatient appointments, psychological therapy, medication management and depot administration, supported employment / education / vocational rehab, and other needs (carer respite, peer-support, transport assistance). Each need is framed as arising from or related to the mental disorder.
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Document the Current Provision Gap
Document the current provision summary (what is in place — referrals made, services commenced, named contacts confirmed). Identify the specific gap (unallocated referrals, unconfirmed care co-ordinator, missed planning meetings). Identify the impact on recovery (risk of relapse, risk of re-admission, risk of disengagement from medication, risk of housing breakdown) by reference to the Trust own discharge risk assessment.
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Identify the Joint Authority Addressees
Identify the responsible Integrated Care Board (by reference to the area of pre-detention ordinary residence) and the responsible Local Authority Adult Social Care department for the same area. Where joint pooled-budget commissioning is in operation, address both authorities under the joint arrangements. Where uncertainty exists, address both and invite confirmation in writing.
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Map the Mwanza Scope and Care Act Separation (Expert)
Expert clause. Per R (Mwanza) v Greenwich LBC [2010] EWHC 1462 (Admin), section 117 covers services arising from the mental disorder and reducing the risk of deterioration. Services meeting purely social welfare needs fall under the Care Act 2014 means-test regime. Map the boundary to avoid unlawful charging through mischaracterisation.
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Pre-Stage the Stennett No-Charging Position (Expert)
Expert clause. Per R v Manchester City Council ex p Stennett [2002] UKHL 34 (Lord Steyn), section 117 services are free of charge — the statutory scheme leaves no room for charging. Identify any historical charges paid in error and the basis for Tinsley restitution recovery from the charging authority.
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Apply the Worcestershire Ordinary Residence Test (Expert)
Expert clause. Per R (Worcestershire CC) v Secretary of State for Health and Social Care [2023] UKSC 31, ordinary residence is determined immediately before the relevant detention. Identify the documentary basis — tenancy agreement, council tax records, GP registration, electoral register and habitual centre of life. Where there is a re-detention scenario, residence is re-tested at the second detention.
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Engage the Care Programme Approach (Expert)
Expert clause. The CPA is the multi-disciplinary care planning and review framework for people with serious mental health needs — named care co-ordinator, written care plan, periodic review meetings. Request the appointment of a named care co-ordinator, a written care plan and periodic section 117 review meetings.
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Send to Both Authorities and Track Response
Send the request to both the responsible ICB and the responsible Local Authority. Invite each authority to acknowledge receipt within seven days and to confirm acceptance of the section 117 duty. Track the response and escalate to the Local Government and Social Care Ombudsman or the Parliamentary and Health Service Ombudsman where the authorities fail to engage the duty.
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Legal Considerations — Section 117 Aftercare
Section 117 of the Mental Health Act 1983 is the substantive statutory framework for after-care services following detention. The duty is joint between the Integrated Care Board and the Local Authority, free of charge per Stennett, scoped to needs arising from the mental disorder per Mwanza, and anchored in the pre-detention ordinary residence per Worcestershire.
This template is for general information and does not constitute legal advice. Section 117 cases involve substantive public law, mental health regulation, the interface with the Care Act 2014 and complex ordinary residence and inter-authority dispute issues. Where the case engages contested ordinary residence, retrospective charging recovery, or refusal of section 117 services in principle, advice from a solicitor experienced in community care or mental health law, the Independent Mental Health Advocate (IMHA) service under section 130A of the MHA, Mind, Rethink Mental Illness or the local mental health charity is recommended. The Local Government and Social Care Ombudsman (LGSCO) and the Parliamentary and Health Service Ombudsman (PHSO) provide complaint routes against the Local Authority and the ICB respectively.
Reviewed for England (Wales — Mental Health (Care and Treatment) (Wales) Measure 2010 separate; Scotland — Mental Health (Care and Treatment) (Scotland) Act 2003 separate; Northern Ireland — Mental Health (Northern Ireland) Order 1986 separate)
Statutory Basis — Mental Health Act 1983 section 117
Section 117 of the Mental Health Act 1983 imposes a joint duty on the Integrated Care Board and the Local Authority to provide or arrange after-care services for patients detained under section 3, section 37, section 45A, section 47 or section 48 and discharged. Subsection (2) sets the joint duty; subsection (2D) imports the preferred-accommodation procedure from the Care Act 2014; subsection (3) defines after-care as services meeting a need arising from the mental disorder and reducing the risk of deterioration.
Health and Care Act 2022 — ICBs Replacing CCGs
The Health and Care Act 2022 abolished Clinical Commissioning Groups (CCGs) on 1 July 2022 and transferred their statutory functions to Integrated Care Boards (ICBs). The NHS (Integrated Care Boards: Responsibilities) Regulations 2022 (SI 2022/635) determine the responsible ICB by reference to the patient ordinary residence. The 2022 reform created 42 ICBs across England covering geographical Integrated Care Systems. Section 117 requests should be addressed to the responsible ICB for the area of pre-detention ordinary residence.
Mwanza Scope — Connection to the Mental Disorder
Per R (Mwanza) v Greenwich LBC [2010] EWHC 1462 (Admin) the scope of section 117 covers services that meet a need arising from or related to the patient mental disorder and which reduce the risk of a deterioration in the patient mental condition. Services that meet purely social or general welfare needs unrelated to the mental disorder fall outside section 117 and into the Care Act 2014 means-test regime. The boundary is decisive on charging — section 117 services are free; Care Act services subject to the means-test.
Stennett No-Charging Principle
Per R v Manchester City Council ex p Stennett [2002] UKHL 34 (Lord Steyn at paragraphs 14-18) the statutory scheme of section 117 leaves no room for charging. Neither the ICB nor the Local Authority may charge for after-care services provided under section 117. Charges imposed in breach of the no-charging principle are recoverable per Tinsley v Manchester City Council [2017] EWCA Civ 1704 — the patient has a private-law restitution claim for charges paid in mistake of law against the charging authority. The Stennett principle is the bedrock of section 117 practice.
Worcestershire Ordinary Residence Test
Per R (Worcestershire CC) v Secretary of State for Health and Social Care [2023] UKSC 31 the Supreme Court confirmed that ordinary residence for section 117 purposes is determined immediately before the relevant detention. The decision overturned earlier first-instance authority that had assessed residence at the time of provision. Where a patient is detained under section 3, discharged into the community, then re-detained under a fresh section 3, ordinary residence is re-tested at the second detention. The decision is decisive in inter-authority disputes that often delay provision.
Care Act 2014 Interface and the Preferred Accommodation Procedure
The Care Act 2014 governs general adult social care needs in England. After-care services arising from the mental disorder fall under section 117 (free of charge); needs unrelated to the mental disorder fall under the Care Act 2014 (means-test). Section 117(2D) of the MHA 1983 (inserted by the Care Act 2014) imports the preferred-accommodation procedure from sections 30 to 34 of the Care Act 2014 — the patient has a right to express a preferred accommodation choice subject to suitability, availability and the top-up payment regime.
Frequently Asked Questions
Build Your Section 117 Aftercare Request
Produce a structured United Kingdom section 117 aftercare request letter to the joint Integrated Care Board and Local Authority Adult Social Care addressees under the Mental Health Act 1983 — patient and applicant details (self / IMHA / nearest relative), detention history (section 3 / 37 / 45A / 47 / 48 qualifying section, hospital, admission date, discharge date, discharge status), aftercare needs identified (specialist accommodation, community psychiatric nurse, outpatient appointments, psychological therapy, medication management, supported employment), current provision summary, gap in provision and impact on recovery, joint authority addressees (ICB + LA), and four Expert clauses on the Mwanza scope and Care Act 2014 boundary (R (Mwanza) v Greenwich LBC [2010] EWHC 1462 (Admin)), Stennett no-charging principle and Tinsley restitution recovery (R v Manchester City Council ex p Stennett [2002] UKHL 34, Tinsley v Manchester City Council [2017] EWCA Civ 1704), Worcestershire ordinary residence test (R (Worcestershire CC) v SS Health [2023] UKSC 31), and Care Programme Approach interface with care co-ordinator appointment, written care plan and periodic section 117 review meetings.
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