Section 117 Aftercare: A Guide for Care and Health Staff
Section 117 of the Mental Health Act 1983 gives free aftercare to some people after detention. Learn who qualifies, who pays and what staff should do.
Section 117 aftercare is a legal right to free support for some people who leave hospital after being detained under the Mental Health Act 1983. It is often misunderstood, and mistakes can leave people paying for care they should not be charged for, or missing services they are entitled to. This guide explains who qualifies, who is responsible and what frontline staff should do. It applies in England and Wales, and Scotland has separate legislation.
What is section 117 aftercare?
Section 117 places a duty on health and social care bodies to provide aftercare services to people who have left hospital after certain periods of detention. The aim is to meet needs that arise from the person’s mental disorder and to reduce the chance of their condition getting worse or of them needing to return to hospital. Aftercare can include accommodation, support at home, therapy, community mental health team input and help with daily life, provided the need arises from the mental disorder.
Who qualifies?
The entitlement follows detention under particular sections of the Act. These are section 3 (treatment) and the forensic sections: 37 (hospital order), 45A, 47 and 48. A short assessment detention under section 2 does not trigger the duty. The duty arises automatically when the person leaves hospital, so nobody needs to apply for it, although it is often not explained to the person or their family.
Who is responsible?
Section 117 is a joint duty. The integrated care board (in England) and the local authority must work together to provide or arrange aftercare. Responsibility is decided by where the person was ordinarily resident immediately before they were detained. That fixed point does not change if the person later moves to a different area or is placed elsewhere, which can cause confusion between councils and NHS bodies.
Is it free?
Yes. Services provided under section 117 must not be charged for, however they are described or commissioned. Local Government Association guidance is clear that Care Act eligibility criteria must not be used to decide whether someone gets section 117 aftercare or how much. The courts settled the principle of free aftercare in the Stennett case in 2002, and a later case, Mwanza, confirmed that accommodation can be aftercare when it forms part of a package addressing mental health needs.
In practice, problems arise when a person in a care home or supported living is billed for a placement that is actually section 117 aftercare. If you work in finance, admissions or care management, this is worth knowing.
When does it end?
Aftercare continues until the NHS and the local authority jointly agree that the person no longer needs it. Ending it requires a documented multidisciplinary assessment showing that the person has no remaining aftercare needs arising from their mental disorder. It does not end simply because the person has been out of hospital for a while, has moved, or is doing well for a period.
What should frontline staff do?
- Find out whether the person has section 117 status. It should be recorded in their care plan and in the records held by the ICB and local authority. If it is not clear, ask.
- Make sure services are linked to the plan. Aftercare should be reviewed regularly, and care plans should say what is provided under section 117.
- Raise charging concerns early. If someone with section 117 status has received an invoice for care connected to their mental disorder, tell your manager so it can be checked.
- Do not end or reduce support informally. Only a joint decision by both bodies can end the duty.
- Share information appropriately. Teams across mental health, social care and housing need consistent information, so record decisions clearly. Follow your organisation’s confidentiality rules.
How does it connect to other mental health work?
People with section 117 aftercare often have complex needs, including substance use, trauma and risk of relapse. Our guides to dual diagnosis and NICE NG58 and to trauma-informed care in practice cover practice that supports these groups well. For the wider legal context, see our overview of the Mental Health Act 2025 key changes.
Frequently asked questions
Does section 117 cover every mental health stay?
No. It applies after detention under the specific sections listed above, not after voluntary admission or a section 2 assessment.
Can a person be charged for section 117 services?
No. Services provided as section 117 aftercare are free of charge.
Who decides it can end?
The integrated care board and the local authority decide jointly, after a documented assessment.
Key takeaways
- Section 117 gives free aftercare after certain detentions, including section 3.
- It is a joint duty of the NHS and the local authority.
- It ends only through a joint, documented decision.
To build your confidence in mental health law and practice, explore our healthcare CPD courses.
Sources
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Learnsignal Healthcare Education Team
The Learnsignal Healthcare Education Team creates CPD and compliance training content for nurses, allied health professionals, and care providers, drawing on current regulatory guidance from bodies including NMBI and equivalent professional regulators.
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