Section 117 Briefing

Strategic Relevance Document, pg7, requirement No 2.2 says:

“The support service should not be used to discharge the statutory duty on health and local authorities to provide aftercare services under section 117 Mental Health Act, following discharge after detention in hospital under the Act”.

The Evidence of Compliance with requirement 2.2 says:

“The service statement demonstrates that specialist counselling services are not provided (or where they are provided there is evidence that they are funded from another source).

The Guidance for requirement 2.2 says:

Service users who have been discharged under section 117 of the mental health act 1983 are eligible to receive services funded under supporting people. However they should also receive social care or health services, which are provided or commissioned by health or social services to meet their duty to provide aftercare services. It should never be the case that an individual is only in receipt of Supporting People services, as this would indicate that health or social services authorities are using these services to discharge their statutory responsibility..

The key issue is whether housing-related support should be considered an element of appropriate after care services. The legislation does not elaborate, so it is an issue of interpretation. If the view is taken that housing-related support is an element of such services, then the Supporting People cannot be used to pay or it, since the service would be provided in satisfaction of a statutory duty.

If, however THB was being used to pay for the service prior to 1st April, that implies that the decision was taken that services were not part of the package of appropriate after care – so there seems no reason SP should not continue to pay for them.

Note:

• AA’s need to look at the strategic relevance guidance referred to in focus on the future.
• The Grant Conditions for SP are clear that the Grant must not be used for services that are provided in satisfaction of a statutory duty.
• ODPM can’t give legal advice on the meaning of statute including S117- local authorities must take their own view on this.
• In coming to this view, we would expect them to consult with representatives from PCTs, social services departments, welfare rights advisers and SP providers, and to take their own legal advice
• A key issue in deciding whether existing services should be funded through Supporting People will be the manner in which they were funded prior to 1st April. The creation of Supporting People does not itself change the nature of the service in question. So we would not expect Supporting People grant to be transferred to service the authority had previously taken the view formed part of a package of after-care services for people subject to S117.

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