What is Section 117

Section 117 states the statutory duty of the local authority and Integrated Care Board (ICB) to consider the aftercare needs of people who are eligible and their joint responsibility to commission mental health aftercare services.

The duty continues until such a time as the local authority and ICB are satisfied that the person concerned no longer requires aftercare services.

Aftercare services

Aftercare services mean services which have both the following purposes:

• meet a need arising from or related to a mental health condition.
• reduce the risk of deterioration of a person’s mental health condition (and accordingly reducing the risk of the person requiring re-admission for treatment for their mental health condition).

Section 75 of the Care Act 2014 inserted a definition of what aftercare services could include:
• support from a community psychiatric nurse
• counselling or therapy
• support from a social worker
• support with employment
• support with finding accommodation
• family relationships
• assistance with benefits or managing money
• the provision of domiciliary services, the use of a day centre and residential facilities.

Accommodation may only be provided under Section 117 if:
• the need for accommodation is a direct result of the reason that the person was detained in the first place (the original condition)
• the requirement is for enhanced specialised accommodation to meet needs directly arising from the original condition; and
• the person is being placed in accommodation on an involuntary basis (in the sense of being incapacitated) arising because of the original condition.