Section 117 query

[Sarah777]

Hi
(hopefully) this is just a quick question....
My Dad is in a care home, paid for under section 117. However, the local authority have done an assessment to calculate his contribution which is basically his state pension...is this correct as I was under the impression that the s117 means free aftercare??

When the financial person came round, I stated a number of times that my Dad was under s117 and that if that's not on his paperwork he would need to refer to my Dads SW before I would give further info.

Thanks
Sarah777

 

[jenniferpa]

From what you have said about your situation, you are correct. Aftercare provided under section 117 is free of charge.

http://www.mind.org.uk/mental_health_a-z/7851_aftercare_under_section_117_of_the_mental_health_act

Aftercare under section 117 must be provided free of charge.

In 2002, the House of Lords held that this section imposes a freestanding duty to provide aftercare services and not simply a gateway to other community care services. As there is no express power to charge for services provided under it, such services must be provided free of charge.

All aftercare services must therefore be funded by the relevant Health Authority, Primary Care Trust or local social services authority. If someone chooses to make private arrangements for care, either in addition to or instead of, aftercare that should have been provided, it may be possible to claim repayment for this on the basis that the authority had failed to discharge their duties under section 117. However, the authority or the court would be entitled to consider the reasonableness of the private arrangements and the level of reimbursement appropriate.

 

[supporter1]

All paid for by 117 (so dont give them info on finances )

If they insist then I would suggest you seek legal advice.

 

[Wirralson]

S117

Sarah,

I can only echo the advice above. Aftercare under s117 is supposed to be free. The local authority in my mother's case made a similar demand for a financial assessment and my father used a solicitor to deal with this as they were persistent. The most likely cause is that few local authority finance staff seem to have heard of s117 of the Mental Health Act 1983 and confuse the situation your father is in with the more common one where an assessment is required under the NHS and Community Care Act 1990.

As your father is entitled to free aftercare under s117, there would appear to me to be no legal basis for them to seek the information they are requesting. It might be worth seeking specialist advice.

Wirralson

 

[jenniferpa]

To add to what wirralson said: Mind has a specialist legal helpline that might be useful.

http://www.mind.org.uk/help/advice_lines#legal

 

[Sarah777]

Thank you all for your help. I will definitely contact Mind as would like some advice.

I'm really concerned about 'rocking the boat' & them lifting the 117! The short story is that myself, hubby & two sons (age 4 & 17months) live in my dads house...this was on a fairly casual/part time/unofficial basis to begin with as I was looking after him & mŷ nan, but now it's permanent & I'm very worried that the house would have to be sold to pay for his fees & we'd end up with nowhere to live!!! That said, it's not fair that my Dads paying if his entitlement is free! I feel in a bit of a catch 22!!

I did feel quite bullied into giving some financial info, so gave one account details but that's all. I emailed the lady apparently dealing with it to ask if they had taken into account that my dad was under 117 & she's asked for a copy of the letter from the NHS confirming it...so I'm going to have to get that as I can't find anything like that!!

 

[Wirralson]

S117 and rocking the boat

Thank you all for your help. I will definitely contact Mind as would like some advice.

I'm really concerned about 'rocking the boat' & them lifting the 117! The short story is that myself, hubby & two sons (age 4 & 17months) live in my dads house...this was on a fairly casual/part time/unofficial basis to begin with as I was looking after him & mŷ nan, but now it's permanent & I'm very worried that the house would have to be sold to pay for his fees & we'd end up with nowhere to live!!! That said, it's not fair that my Dads paying if his entitlement is free! I feel in a bit of a catch 22!!

I did feel quite bullied into giving some financial info, so gave one account details but that's all. I emailed the lady apparently dealing with it to ask if they had taken into account that my dad was under 117 & she's asked for a copy of the letter from the NHS confirming it...so I'm going to have to get that as I can't find anything like that!!

I wouldn't let the idea of "rocking the boat" guide your actions. Both in my mother's case and 30 years work in the public sector what winds organisations up is how you act not what you do. So if you are polite but firm they should not give you a problem. No-one wants adverse publicity in their job.

More relevant is the fact that "lifting" a section 117 is not straightforward. In practice, it isn't an order or anything like that - it is a free-standing duty imposed on local authorities (and NHS bodies to an extent) to fund the care needs of a person who has been detained under certain sections of the Mental Health Act 1983 (principally section 3). My understanding is that any decision to remove the section has to be based on a change in the person's needs. If there is no change in their needs, the duty remains in place and their needs must be funded.

Wirralson

 

[Sarah777]

Just to update....SS have confirmed my Dad should not be paying anything, so no further deductions will be made! So glad I raised it with them, even if there was no apology for the inconvenience/mistake!!!

Thanks again for everyone's help and advice
Sarah

 

[Wirralson]

S117 and care home fees

Sarah,

Very glad to hear of this. However, I note you say "no further deductions have will be made". If deductions have een made, then they are probably recoverable. A short session with a solicitor and a solicitor's letter will probably be the best money you spend and should get any payments made recovered to your Dad's account. On the basis of what you've said, it would appear the local authority have unlawfully charged for a service under s117. And don't worry about upsetting the local authority - in these circumstances they will be far more worried about what happens if they don't pay back any monies owed to your Dad.

Kind regards

Wirralson

 

[fin/36]

s117

Excuse my ignorance but what is a s 117? ?

 

[jenniferpa]

It's related to the Mental Health act of 1983 See this fact sheet http://www.alzheimers.org.uk/site/scripts/documents_info.php?documentID=117

It doesn't apply to NI, although I imagine there is some equivalent.

 

[Wirralson]

Northern ireland mental health legislation

Jenniferpa,

There is indeed an approximate equivalent in Northern Ireland: http://www.legislation.gov.uk/nisi/1986/595 However, on a quick glance there is no obvious direct equivalent of s117 in MHA83.

Kind regards

Wirralson

 

[jenniferpa]

Thanks Wirralson.