Your Rights Under Section 117 Aftercare

You have the right to Section 117 aftercare if you were detained in hospital under one of the following sections of the Mental Health Act:

• Section 3
• Section 37
• Section 45A
• Section 47/49.

It also applies if: 

• You are subject to a Community Treatment Order (CTO)
• You are a restricted patient who has been conditionally discharged.

You still have this right if:

• You were first detained under Section 2 and then moved to Section 3
• You are under 18
• You are in prison or have been in prison
• You have No Recourse to Public Funds (see more detail below).

Section 117 exists to make sure you are not left without support after a serious mental health admission.

It recognises that recovery is not just about medical treatment. It can also include:

• help with daily life
• support with housing
• support to reduce loneliness or isolation
• help to feel safe and supported in the community.

Some people have an immigration condition called NRPF. This usually means they cannot claim certain benefits, such as Universal Credit or Housing Benefit. NRPF does NOT affect your right to Section 117 aftercare.

If you are entitled to Section 117 aftercare:

• your immigration status does not remove this right
• the funding for Section 117 aftercare is not classed as a public fund
• the NHS and the local council must still assess you and provide your aftercare
• you must not be charged for support included in your Section 117 plan.

Your entitlement to Section 117 aftercare is based on how you were detained under the Mental Health Act, not on your immigration status.

You do not get Section 117 aftercare if you were:

• detained under Section 2 (for assessment) only
• in hospital voluntarily
• detained under short-term emergency or holding powers (such as Section 5 or Section 136).

Section 117 aftercare is a joint health and social care responsibility. This means:

The NHS (through the Integrated Care Board) and the local council (social care) must plan, agree, and pay for your aftercare together.

One of these organisations cannot refuse responsibility or pass it to the other.

• Community mental health team support
• Care coordinators
• Psychological therapies
• Medication and help managing medication
• Crisis plans and relapse prevention

• Help at home
• Support with routines and independence
• Support to reduce loneliness or isolation
• Help with daily tasks affected by mental health

• Supported or specialist accommodation
• Housing support linked to mental health needs

• Support to return to work or education
• Volunteering
• Recovery colleges
• Community groups, hobbies or activities

• Help looking after your physical health
• Support to attend appointments if mental health makes this difficult

No, you do not have to pay for section 117 aftercare services.

Section 117 aftercare is:

• Free
• Not means tested
• You should not be charged

• Care or support in your Section 117 plan
• Medication that is part of your aftercare
• Transport you need to get to your aftercare support

If you are asked to pay, you have the right to challenge this.

Yes. You have the right to be involved in the development and ongoing review of your aftercare plan.

Your Section 117 plan should be:

• Made with you, not just about you
• Based on what matters to you
• Written in a way you can understand

You can also: 

• Involve a carer, family member or advocate
• Ask for information in a format that works for you
• Ask for changes if something is not helping

Section 117 aftercare does not have a time limit. It continues for as long as you need it. It can only end when:

You have the right to:

• Ask for a review
• Ask for the decision in writing
• Get support from an advocate
• Make a complaint to the NHS or the council
• Go to the Ombudsman if things are not resolved

You should not be left without support while organisations argue about funding.

Carers have the right to:

• Be involved (with your consent)
• Be listened to
• Have their views taken seriously
• Ask for their own support if caring affects their wellbeing

Section 117 does not create a separate entitlement for carers. However, support for carers can be provided under Section 117 where it is necessary to meet the aftercare needs of the person who was detained. Where support is provided for that purpose, it must be free of charge.

You can:

• Speak to your care coordinator, care manager, or social worker
• Ask them to explain your Section 117 aftercare and what support you are entitled to
• Ask for a copy of your Section 117 aftercare plan and review dates
• Ask for a review if your needs have changed

An IMHA is: 

• Free
• Independent
• On your side

An IMHA can:

• Help you understand your rights under the Mental Health Act
• Support you to speak up in meetings
• Help you challenge decisions
• Help you make a complaint if needed

You can ask:

• Your care coordinator
• Hospital staff
• Your local council

to refer you to an IMHA. In many areas, you can self-refer.