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section 117 mental health act

Voluntary patients are not covered under section 117, so she is not entitled to aftercare. This is called being a ‘voluntary’ or ‘informal’ patient. Section 40 of the Health and Social Care Act 2012 amended S117 MHA and allowed the Secretary of State for health to publish Regulations that changed CCG responsibility. you don’t have the mental capacity to make a decision about where you live. In some circumstances, if the local authority are to provide you with accommodation, you can choose the accommodation you want to live in rather than accept what has been offered, though you will have to pay the difference if it is more expensive. 5.2. You might have been detained in hospital under the Mental Health Act. You can bring an advocate, carer, or family member, if you want. You need to do this quickly because the time limit for taking the NHS and the local authority to court can be as little as 3 months. Section 117 of the Mental Health Act places a joint duty on health and social care to provide support to patients who are discharged from longer term detention under the Mental Health Act, to reduce the risk of their readmission to hospital. When everyone has agreed how your illness affects you, and what services you need, they will write this down. For example, if you do not understand the information and are unable to make a decision about your treatment, you are said to 'lack capacity' to make decisions about your treatment. Your carer could be involved in this too, if you want. If you break these conditions, you can be recalled to hospital. If your care coordinator agrees your needs have changed, they will look again at the help you need. They should not discharge you from section 117 just because: If they discharge you from section 117, but can see that they have discharged you too soon, you can be put back under section 117. Discharge on, or after, 1st April 2016If you were discharged on, or after, 1st April 2016, the CCG that pays for your after-care should be the CCG that covers the area where you usually lived before you went into hospital. If you go on leave while you are in hospital under sections 3, 37, 45A, 47, or 48, you will be able to get free after-care when you are on leave. The CHIP program in Virginia is called Family Access to Medical Insurance Security(Famis). If you don’t have a care coordinator, you can speak to someone else in your care team. If it is not lawful, the court may cancel the decision or action (‘quash’ it), and require the public authority to reconsider it, lawfully. Mental Health Act 2007. 118. A care coordinator helps to organise the help and support you get. Our contact details are on the website on the Contact page. reduce the chance of your condition getting worse, so you don’t have to go back into hospital. Your local Care Commissioning Group (CCG) might need to be involved too. You will get free after-care if you have been in hospital under certain sections of the Mental Health Act. Section 117 Aftercare . So, for example, you will almost certainly not be provided with an ordinary flat by the council after you are discharged from hospital. Ombudsman services can investigate complaints. Section 117 Mental Health Act 1983 (MHA 1983) imposes duties on NHS Clinical Commissioning Groups (CCGs) and Local Social Services Authorities (LSSAs) to provide after-care for patients who have been detained undersection 3, 37, 45A, 47 and 48 of the MHA 1983 once they leave hospital. If you have any problems or questions, talk to your care coordinator, or another member of your care team. An advocate might be able to help you do this. CCGs are groups of GP practices and other healthcare professionals and bodies that are responsible for commissioning most health and care services for patients. They also say that aftercare services under section 117 should not be taken away because: If your aftercare services have been taken away and your mental condition has begun to deteriorate, then the services should be put back to stop your condition from getting worse. But he doesn't have the right to any free social care services under section 117 for his diabetes, as this is a physical rather than a mental condition. You might have been detained under one of these sections of the Mental Health Act: 1. It should be provided by the NHS and social services. Other people that could be involved are your: Your mental health might affect you in different ways. You can find out more at this link:www.england.nhs.uk/publication/guidance-on-direct-payments-for-healthcare-understanding-the-regulations/, You can read more about personal budgets by clicking on this link:www.nhs.uk/using-the-nhs/help-with-health-costs/what-is-a-personal-health-budget/. You are entitled to section 117 after-care if you have been in hospital under sections 3, 37, 45A, 47, or 48 of the Mental Health Act 1983. You can ask for your plan to be reviewed if you think it isn’t meeting your needs. Sections 37 and 45a: ordered to go to hospital by a court. Some people who have been in hospital under the Mental Health Act 1983 (‘sectioned’) can get free aftercare when they leave hospital. you go back to hospital voluntarily or under section 2, your community treatment order (CTO) ends, or. The policy describes the statutory framework and procedure for managing patients to whom Section 117 applies. reduces the chance of your condition getting worse, so you don’t have to go back into hospital, the need for the residential care is linked to the reason why you were detained under the Mental Health Act, and. You can ask for direct payments, as long as you have the mental capacity to manage them. Section 180 of the Mental Health Act provides that examination reports are admissible in proceedings against the person in which the examination order is made or any future proceeding against the person to which the examination report is relevant. Section 117 Aftercare . This is called ‘going on leave’ or ‘section 17 leave’. You can find more information about getting legal advice further down this page. You could get advice from a solicitor, who could help you to get the services you are entitled to. You should work with your NHS mental health team to identify: You can spend your personal health budget on care and support to meet your needs. Some people worry that if they are sectioned under section 2 in the future, section 117 after-care will end. Due to the financial implications of Section 117, identifying which bodies have responsibility for Section 117 aftercare has long given rise to dispute. To discharge you from section 117, your local clinical commissioning group (CCG) and local social services authority (LSSA) must decide that you no longer need after-care services. They will be responsible for paying for your after-care for as long as you need it. Community advocates are general advocates that can help with lots of different issues. If you generally have to pay for your prescriptions, then speak to your care coordinator. If you have been in hospital under section 3, 37, 45A, 47 or 48 of the Mental Health Act 1983 you are entitled to section 117 after-care. The contract for the top-up fee must explain important points including the frequency of the payments and how much you’ll have to pay. Your mental health might affect you in different ways. You don’t need to use it to pay to see your GP or to get emergency care, for example. You will need to speak to your Care Co-ordinator. This housing is not the same as a ‘care home’. Health and Care department and the NHS work together to give you the support you need when you come out of hospital. There are changes that may be brought into force at a future date. Residential care might be included as part of section 117 after-care. what services will help you to stay well. ‘Mental capacity’ means being able to make decisions for yourself. This tells health professionals how they should follow the Mental Health Act. The type of advocate you need depends on your situation. What does S117 mean? If you would like to reproduce any of this information, see our page on permissions and licensing. They do not have to be a doctor, but in practice many of them are. You will still be able to receive care and support in another way. under the Mental Health Act 1983 1. If you are in a home under Deprivation of Liberty Safeguards (DoLS)You might have to go into a home under a DoLS order if you lack mental capacity. You should agree this with your NHS mental health team. Guidance says that even if you are well settled in the community, aftercare may still continue to prevent you from becoming ill again or from getting worse. Hannah is being discharged from hospital after spending a month as a voluntary patient. You can find more information about ‘Supported housing’ by clicking here. understand information you need to make the decision, use or weigh up the information to make a decision, and. 3. Section 117 of the Act deals with after-care services. Mind Infoline is closed right now, for support visit our out of hours page. It is not law, so it cannot be enforced by going to court, but health professionals should follow it unless there is a good reason not to. your accommodation is being provided under section 117 of the Mental Health Act 1983 as aftercare. Your local NHS ‘clinical commissioning group’ (CCG). Depending on your circumstances your nursing care might be paid for by the NHS under either: You can read more about NHS Continuing Healthcare atwww.nhs.uk/Conditions/social-care-and-support-guide/Pages/nhs-continuing-care.aspx. Federal Aid to State and Local Governments from Budget of the United States Government, Fiscal Year Ending June 30, 1966 The relief sought is first, an order that the claimant be provided with community care services under section 117 of the Mental Health Act 1983 against both defendants and/or section 21 of the National Assistance Act 1948 against the first defendant, and secondly an order that the defendants jointly carry out assessments of his need of community care services under section 47 of the National Health … the local authority was going to offer you the same type of housing, the housing provider agrees to the local authority’s standard terms, and. what help you will get with physical health problems. After-car… This is sometimes known as being ‘sectioned’. This is the mental health professional in charge of your care and treatment while you are sectioned under the Mental Health Act. The local authority and the NHS have a joint duty to arrange after-care services if a person needs … She was in prison for a drugs offence, and was transferred to hospital under section 47. Rethink Mental Illness Registered Office 89 Albert Embankment London SE1 7TP United Kingdom 0121 522 7007 | [email protected] your personal health and wellbeing needs, a personal budget and direct payments at the same time, or. The policy describes the statutory framework and procedure for managing patients to whom Section 117 applies. It affects the victims, witnesses, their families, neighborhoods and sometimes even whole communities. The Mental Health Act (1983) is the main piece of legislation that covers the assessment, treatment and rights of people with a mental health disorder. New rules from April 2015 say you can choose the care home or supported housing you want to live in. It is their responsibility to provide you with aftercare services, or to arrange for them to be provided. Section 117 applies after an individual has been the subject of a compulsory order under the Mental Health Act 1983 (usually section 3, but it could be a hospital order made under section 37, or a hospital direction made under section 45A or a transfer direction made under section 47 or 48). Section 117 of the Mental Health Act 1983 (MHA) states that aftercare services must be provided free of charge to individuals who have been detained in hospital under certain sections of the Act. You will probably not be provided ordinary housing under section 117 aftercare services. Aftercare under section 117 of the Mental Health Act 1983 is provided for those adults who have been detained under section 3 of the aforementioned act (and in certain other circumstances). CPA aims to support your mental health recovery by helping you to understand your: You can find more information about the ‘Care Programme Approach (CPA)’ by clicking here. Other people may be able to go to the meeting too, such as your GP, your psychiatrist, and your carer, if you have one. 2.2 The purpose of this guidance is to: • set out the joint agreement of Liverpool City Council and Liverpool Clinical Clarence is on trial leave to a supported accommodation placement while he remains on section 3. Local authorities can make payments directly to you, or to someone else suitable, to pay for aftercare services under section 117. You might want to stay in hospital after you have been discharged from the Mental Health Act sections 3, 37, 45A, 47, or 48. The English and Welsh Codes of Practice say that you should be fully involved in any decision making process to end your aftercare services. If you have a problem with section 117, you should talk to your care coordinator. You can only be kept in hospital if certain conditions are met. The NHS and social services should ask you what kind of things you would like help with. Transitory provisions. There are changes that may be brought into force at a future date. For example, you may find it hard to do some things for yourself. Roy’s care coordinator asks him what type of things he might find helpful, and they agree a list of services he needs. Registered Charity Number 271028. For restricted patients this must be within the limits of the leave agreed Sections 3, 37, 45A, 47 and 48. Parliamentary & Health Service Ombudsman (PHSO)They investigate complaints about the NHS in England. Ask your care coordinator, psychiatrist, or another member of your care team, how to get in touch with an IMHA. an integrated personal budget, for both your healthcare and social care needs. Section 2 - Section 117 After Care Arrangements Section 117 of the Mental Health Act 1983 places a joint duty on local NHS and social services commissioners to provide aftercare services for people that have previously been sectioned under the treatment sections of the Mental Health Act, i.e. Due to the financial implications of Section 117, identifying which bodies have responsibility for Section 117 aftercare has long given rise to dispute. your accommodation is being provided under section 117 of the Mental Health Act 1983 as aftercare. They must be able to give clear reasons for their decision and your needs must be reassessed before the aftercare is ended, to see how your mental health and ability to manage would be affected. This is not covered by section 117, so he is not entitled to section 117 aftercare. Community advocatesIf you can’t get help from any of the above advocates, you might be able to get help from a community advocate. Open Monday-Friday, 8.30am-5.30pm.Email: via form here: www.lgo.org.uk/forms/showForm.asp?nc=QG1E&fm_fid=81Website: www.lgo.org.ukAddress: PO Box 4771, Coventry, CV4 0EH. Even if you are doing well outside hospital, you may still need after-care services to make sure you stay well. If you have problems with the aftercare services, you have a number of options: If you aren't eligible for free section 117 aftercare (for example, if you have been discharged from a section 2), you will not have to pay for your ongoing medical treatment. If you cannot solve the problem by talking it through, you can make a complaint. Ending section 117 is called being ‘discharged’ from section 117. what help you will get with benefits and managing your money. They may do this through a ‘discharge meeting’. This is a 'stand-alone' duty and services provided under Section 117 cannot be charged for. The NHS and social services have to give you after-care as long as you need it. Section 117 of the Mental Health Act places a joint duty on health and social care to provide support to patients who are discharged from longer term detention under the Mental Health Act, to reduce the risk of their readmission to hospital. Any cases with a hyperlink to this legislation will automatically be added here. They are independent of the NHS and social services. You will not automatically be given free prescriptions. If you are a voluntary or informal patient, the … You can give up your personal health budget at any time. for any person to whom section 117 of the MHA (hereafter referred to as s117 MHA) applies. They often provide them together with voluntary agencies. You might have been detained under one of these sections of the Mental Health Act: 1. Section 117 of the MHA 1983 requires local authorities and CCGs jointly to provide “after care services” to patients upon their discharge from hospital, but the Mental Health Act 1983 (as amended) does not define what “after care services” are. This is called an ‘after-care plan’ or a ‘care plan’. They are also responsible for carrying out an assessment to work out your health and social care needs under the care programme approach (CPA). … Certain decisions, such as applying for someone who is sectioned to go onto a community treatment order (CTO), can only be taken by the responsible clinician. The law that gives this right is section 117 of the Mental Health Act, and it is often referred to as 'section 117 aftercare'. The duty does not apply to those admitted and detained for assessment under se… Many people in this situation demonstrate behaviour which is challenging for their carers and often they are placed in an unsuitable care home. There are no clear rules in the Mental Health Act for deciding when a person no longer needs aftercare; but section 117 of the MHA says that it is up to the health and social services who are dealing with your case to make a joint decision that you no longer need it. Telephone: 0300 061 0614. The Mental Health (Care and Treatment) (Scotland) Act is the main piece of legislation covering the care of individuals with mental health problems. Introduction Section 117 of the Mental Health Act 1983 requires clinical commissioning groups (CCG’s) and local authorities, in co-operation with health and social care providers and voluntary agencies, to provide or arrange for the provision of aftercare to Together with our 20 local Minds in Wales we’re committed to improving mental health in this country. View this information as a PDF (new window). Related cases. You are entitled to section 117 aftercare if you have been in hospital under section 3, 37, 45A, 47 or 48 of the Mental Health Act 1983. Top up feesYou might want to go into a home that is different to the ones that the local authority has chosen for you. Supported housing is housing where you get care, support, or supervision at home. INTRODUCTION & PURPOSE 1.1 Patients detained under the Mental Health Act 1983 (the Act) can only leave the hospital (see 2.7 for a definition of hospital) when granted leave of absence under s17, by the patient’s Responsible Clinician. They keep in close contact with you while you receive mental health care and monitor how that care is delivered – particularly when you’re outside of hospital. Our network of groups, services and advice lines are on hand to get you the support you need. If you are a voluntary patient, you should be able to come and go from the hospital within reason and discharge yourself if you decide to go home. This free aftercare is given to try to prevent your mental health condition from getting worse and to avoid needing to be re-admitted to hospital. Your after-care will be arranged by the following organisations. You might be able to spend the money on a broader range of care and support than the NHS usually offer. Section 117 after-care is free. These are the services that a person must be given when they are released from detention for treatment under section 3. Whoever agrees to pay will have to agree in writing. ‘After-care’ means the help you get when you leave hospital. People detained under the Mental Health Act need urgent treatment for a mental health disorder and are at risk of harm to themselves or others. if your preferred housing is more expensive, you, or someone you know, will pay the difference. If the above applies to you, you are entitled to free after-care when you leave hospital. Section 117 of the Mental Health Act says that aftercare services are services which are intended to: You can get free aftercare under section 117 if you have been detained: See our information on sectioning to find out more about what these different sections mean. We're taking the nation's craftiest fundraiser online. 'Capacity' means the ability to understand information and make decisions about your life. Local Government and Social Care OmbudsmanThey investigate complaints about the local authority and social services. See our pages on CTOs for more information. Together with your NHS mental health team, you will develop a care plan. We will revise it in 2023. The local authority will assess your needs and decide how much it will cost to meet them. Mental Health Act 1983 – After-Care Section 117 Responsibilities 1. Sections 47 and 48: transferred from prison to hospital, or 3. Returning to residential careYou might have lived in residential care to meet your mental health needs before you went into hospital. They may call this a ‘review’ or a ‘reassessment’. Changes that have been made appear in the content and are referenced with annotations. He is entitled to aftercare services under section 117. services to meet your social, cultural and spiritual needs – as long as they meet a need that arises from or is related to your mental condition and help reduce the risk of your mental condition getting worse. You can find more information about complaining and getting legal advice further down on this page. Section 117 of the Act deals with after-care services. The rules about what housing you can get for free under section 117 are complicated. If you have been in hospital under section 3, 37, 45A, 47 or 48 of the Mental Health Act 1983 you are entitled to section 117 after-care. What can I do if there are problems with my section 117 aftercare? This information applies to adults. Section 117 means that you will get free after-care when you leave hospital. If you don’t leave hospital straight away, you will still get free after-care when you do leave. We're here to provide information and support. He cannot be charged for these services. We won't give up until everyone experiencing a mental health problem gets support and respect. Sections 37 and 45a: ordered to go to hospital by a court. This might happen if your mental health starts to get worse as soon as you are discharged. detained in hospital for treatment under section 3, transferred from prison to hospital under sections 47 or 48, or. Mental Health Act 1983, Section 117 is up to date with all changes known to be in force on or before 10 November 2020. Working out which CCG should pay for your after-care will depend on when you were discharged from hospital. Section 117 of the Mental Health Act 1983 says they must do this. You will not automatically be given free prescriptions. She has a care coordinator who is writing a plan about what help she will get when she leaves prison. Section 117 of the MHA 1983 requires local authorities and CCGs jointly to provide “after care services” to patients upon their discharge from hospital, but the Mental Health Act 1983 (as amended) does not define what “after care services” are. It appears that the residence test for section 117 in the Mental Health Act depends on the actual settled presence of the service user prior to detention, rather than any wish the individual might express. Who is responsible for providing section 117 aftercare? If a health professional doesn’t follow the Code, you can make a complaint. If your family member has spent time in hospital under the Mental Health Act they are likely to be entitled to free care in the community when they leave. CPA is a package of care, where different health professionals work together to meet your needs. These are organisations in the health service in Wales that have been set up to develop and provide health services based on the needs of the local community. You may be discharged from hospital under Supervised Community Treatment (SCT). things that might help you to keep in contact with your family, or to raise children. ( CMHT ) healthcare e-briefings ; 12-08-2010 are complicated carer, or to raise children any or. Coordinate your care coordinator has found three care homes that would meet his needs after-care be. In writing to improving Mental health team make the decision, use or weigh up the information to a. Need, they will be responsible for your plan to be provided by the Mental health might you! – after-care section 117 Responsibilities 1 straight away, you may be allowed to hospital! Person must be within the limits of the Mental health team, how get. With the outcome of your care team and services provided under section 117 ( ‘ ’. 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