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Section 117 - Mental Health Act

Section 3 of the Mental Health Act allows doctors to compel the detention of individuals in hospital for treatment where they are considered to have a mental illness which needs assessment or treatment which is sufficiently serious that admission is necessary to afford protection to the individuals own health and safety or for the protection of others.

Section 117 of the Mental Health Act 1983 states that aftercare services must be provided free of charge to individuals who have been detained in hospital under certain sections of the Act.

There is a legal duty on health and social care providers to provide free aftercare services to patients who were detained in hospital:

  • Under s3 MHA (for treatment)

  • Under s37 MHA (court order)

  • Under s47 or s48 MHA (transfer from prison)

Frequently there are disputes regarding the aftercare planning process necessitating representation. We offer support in this area and can assist with funding challenges and disputes over appropriate support. We also help recover historic fees where individuals were wrongly charged for aftercare services.

For more information please download our helpful factsheet: 

Mental health - section 117 aftercare factsheet >

Have an enquiry? Please contact Paula Barnes or phone 0808 231 6491.

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