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After-care under the Mental Health Act 1983
 — Section 117 after-care services
Corporate AuthorDepartment of Health - DoH
PublisherDepartment of Health, London, 10 February 2000
Pages5 pp (Health service circular, HSC 2000/003; Local authority circular, LAC (
SourceDepartment of Health, PO Box 777, London, SE1 6XH. Fax 01623 724524. DoH website at: http:/www.doh.gov.uk/coinh.htm
KeywordsCirculars ; Department of Health [legislation and circulars] ; Local Authority Circulars ; Mental disorder ; Discharge [hospitals] ; Aftercare.
AnnotationSection 117 of the Mental Health Act 1983 (MHA) places a duty on health and social services to provide after-care services for certain patients discharged from detention under the Act. This circular covers three recent judgments affecting provision of after-care under the Act. The High Court judgment of 28 July 1999 made clear that local authorities may not charge for residential care provided under section 117. The Court of Appeal on 30 July clarified which health and social services authorities are responsible for providing section 117 after-care services. The European Court of Human Rights (ECHR) issued a judgment in 1997 that the UK was in breach of the European Convention on Human Rights in a case where the Mental Health Review Tribunal (MHRT) had given a restricted patient a deferred conditional discharge which was not implemented within a reasonable time. (RH).
Accession NumberCPA-000218201 C
Classmark6I: VK9: LAC(2000)3: E: LD:QKJ: LN *

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