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s117 aftercare. Qualify or not?

saffy11

Registered User
Jan 4, 2013
2
Hi all, after some advice please.
My Mum (74) has Alzheimer's and Vascular dementia. In Sept 2014 she went into a respite home to give my Dad a break as up until then he had been caring for her at home (He's 81). After 2 days she broke out of the home and was restrained by police, handcuffed and taken to hospital where she was sectioned under sect 2 and then sect 3 of the MHA. She remained in the secure ward of the hospital, where her behaviour worsened, before plateauing out sometime before Xmas. She began refusing food/fluids and lost a lot of weight. Jan 17th we were told she was now on Deprivation of Liberty (DOL). Jan 19th she had a fall. She was taken to A&E to check she had not broken anything. Initially she had a member of staff with her, but when she was admitted onto a general ward, this was withdrawn. 10 days later and after numerous scans and xrays we were told yesterday that she was now 'medically fit' to be discharged. She has not been out of bed for 10days, despite being fully mobile before.
We were told that the hospital Social care team would contact us about her discharge, but so far no one has called.
The Dementia ward she had been on have said she will not return there unless the hosp deem her in need of mental health care, so I assume she will now have to go to a nursing home.
She can no longer walk unaided, attend to any personal needs, is doubly incontinent, cannot feed herself, and is unresponsive at the best of times. Her communication is minimal, and limited to garbled talk of getting out and going home.
My question is, will she still be eligible for S117 aftercare having been sectioned, or will the fact that she is now in a general hospital ward mean that she wont?

Many thanks for any help.
 

jenniferpa

Registered User
Jun 27, 2006
39,448
You might want to call the Mind helpline http://www.mind.org.uk/information-support/helplines/ since they know most about sectioning. But off the top of my head - yes, she would still be eligible for 117 aftercare. The fact that she had to be admitted to hospital for medical treatment of her injuries doesn't remove that requirement I feel. And I personally would fight to ensure that it was given.
 

Lindy50

Registered User
Dec 11, 2013
5,239
Cotswolds
As I understand it, the issue revolves around whether she has been discharged from section 3 treatment. If she hasn't, then 'after care' should be under s.117 and free. However, if she is no longer deemed to need mental health treatment, this after care plan ( and funding) may be reviewed and stopped quite soon.

All s 117 funding is reviewed regularly, as I understand it.

Good luck :)

Lindy xx
 

jenniferpa

Registered User
Jun 27, 2006
39,448
I'm not sure you are correct about that Lindy (re the being discharged from the Section 3). If you are discharged from a section 3, that's when Section 117 aftercare comes into play in fact.

http://www.mind.org.uk/information-...ntal-health-act/who-is-entitled-to-aftercare/

It is quite difficult to end section 117 aftercare (for dementia patients at least).

The duty to provide services continues until both authorities have come to a decision that the person no longer requires any services. Therefore, if any part of the care plan is continuing, such as regular out-patient appointments, it is not possible to say that the person no longer has aftercare needs. However, only those needs that are identified as part of the care plan will be provided free of charge.
 

jenniferpa

Registered User
Jun 27, 2006
39,448
No problemo. :)

Saffy should probably contact that help-line though, just to make sure she has all the facts at her fingertips in case anyone decides to be difficult about this.