Section 3 & 117 - clarification please!

[Sarah777]

Hi
My Dad has been placed on a section 3 and yesterday when I met with his social worker she said that he could be entitled to free aftercare under Section 117 (which I partly knew anyway). However, nothing is really clear on how long the free aftercare will last.... Can anyone clarify this for me please? He is in hospital at the present time but due to how severe his dementia is sadly he will not be coming home so moving to a care home.

Thanks
Sarah

 

[sue38]

Hi Sarah,

This is an extract from the factsheet on the Mental Health Act:

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.

This is a link to the factsheet

http://www.alzheimers.org.uk/site/scripts/documents_info.php?documentID=117

 

[Sarah777]

Thank you Sue, that has cleared it up for me. Think I just want a crystal ball now as really dislike not being able to plan fully (not asking for much am I)!!!!

 

[Mair]

Thank you Sue, that has cleared it up for me. Think I just want a crystal ball now as really dislike not being able to plan fully (not asking for much am I)!!!!

Hello there Sarah, I hope you are making progress with your Dad's care. Our situation is very similar to yours but only at the start of the process.

My aunt, who has Alzhiemers, is currently in a hospital psychiatric unit, under Section 3 117. She is at the stage now where the hospital is ready to discharge her and we are now looking at dementia nursing care homes. We were initially under the impression that her care would be paid for by the NHS, as 'continuing health care'.

However, I spoke to her Social Worker today who thinks she has found a suitable nursing care home for her. She said that the local authority Social Services would cover the costs but has made it clear that this situation was likely to change and that, when my aunt was no longer sectioned, then she would be self funded.

I see that Sue kindly responded to your request for clarification on continued funding from local authorities. We are wondering what would make a local authority feel confident enough to remove funding. Could it be, for example, that they consider the sufferer is sedated to such a point that they are no longer considered a physical threat? This is the state that my aunt is in at present.

Any help on this would be very much appreciated.

 

[sue38]

Hi Mair and welcome to Talking Point.

If your aunt has moved on to a section 3 then the Local Authority should fund her care under section 117.

NHS Continuing Health Care is a whole other ball game, and something you (hopefully) won't need to concern yourself with. As the name suggests this is care funded by the NHS and is awarded where the person has a primary health care need. That is far more vulnerable to being withdrawn, where (as you allude to) the person becomes less challenging as the illness progresses.

I think you need to ensure that your aunt is funded under section117 of the Mental Health Act, and don't let yourself be sidetracked by talk of NHS CHC.

 

[Mair]

Hi Mair and welcome to Talking Point.

If your aunt has moved on to a section 3 then the Local Authority should fund her care under section 117.

NHS Continuing Health Care is a whole other ball game, and something you (hopefully) won't need to concern yourself with. As the name suggests this is care funded by the NHS and is awarded where the person has a primary health care need. That is far more vulnerable to being withdrawn, where (as you allude to) the person becomes less challenging as the illness progresses.

I think you need to ensure that your aunt is funded under section117 of the Mental Health Act, and don't let yourself be sidetracked by talk of NHS CHC.

Thank you Sue. That clarifies the fact that the local authority is required to fund her care under section 3 117.

My concern now is that the local authority will remove that funding at the first opportunity. I met my aunt’s social worker last week for the first time and at that meeting she gave me the local authority form ‘Financial Details for Care Home Contributions’ to fill in on my aunt’s behalf when the time comes (I have Enduring Power of Attorney). This indicates to me that they are very keen to withdraw the funding. Alarm bells are ringing.