The provision of aftercare under the Mental Health Act 1983

The UK Supreme Court has brought an end to prolonged litigation over which public body is responsible for funding services for a patient under section 117 of the Mental Health Act 1983. In R (on the application of Worcestershire County Council (CC)) v Secretary of State for Health and Social Care [2023] the Supreme Court clarified how to identify the responsible aftercare body and the circumstances under which the aftercare body might change.

Identification of the responsible aftercare bodies is essential for timely discharge and funding of services for a person who has been detained for treatment under the Mental Health Act 1983.

Section 117 of the Mental Health Act 1983 gives people who have been detained for treatment under the Act the right to aftercare on discharge from hospital (R v Ealing District Health Authority Ex p Fox [1993]). The following who have been detained under the Mental Health Act 1983 are entitled to aftercare under section 117 even if they do not immediately leave hospital when their detention ends, that is those detained under: