Jurisdiction(s):
United Kingdom

CXF v Central Bedfordshire Council: s.117 MHA aftercare in England—escorted leave not discharge; potential funding of family visits and Care Act 2014 scope

Published on: 11 October 2017

Published by a LexisNexis Private Client expert

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What is the background to this case?

In R (on the application of CXF (acting by his mother, his litigation friend)) v Central Bedfordshire Council and another, [2017] EWHC 2311 (Admin), Dinah Rose QC, acting as a Deputy High Court Judge, examined the operation of section 117 of MeHA 1983. This framework supports people discharged after compulsory detention under MeHA 1983. The entitlement derives from MeHA 1983, s 117, widely known as ‘section 117 aftercare’. Such aftercare is supplied without charge, regardless of financial means, unlike much social services support. Funding is shared between health services, through CCGs, and social services, via local authority adult social services departments (LAs). Certain provisions do not fall within section 117 aftercare: these are services seen as meeting only basic needs, lacking a sufficient nexus with an individual’s mental health disorder. The notion of ‘aftercare’ is broad, and may include anything that serves the statutory purpose set out in the Care Act 2014 (CA 2014). The CA 2014 introduced a statutory definition of aftercare services into MeHA 1983...

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