Local authorities have a duty to make arrangements for the continuing care and support of someone who has previously been detained under section 3 of the MHA. This support is not means-tested. It must be provided free of charge and includes paying for care home fees.
Sometimes, people cease to be eligible for after-care support under section 117 and have to start paying for their own care. Local ombudsmen have emphasised the need for local authorities to be careful in their approach to removing such after-care where their motivations are mainly financial. The view of the courts is generally that as long as the mental health problems persist, the person should remain eligible for after-care, even if they are taken off that section while they are in hospital.