Section 117 Aftercare
Expert psychiatric evaluation regarding the provision of Section 117 Aftercare—ensuring the appropriate discharge planning and community support for patients previously detained under treatment sections. Urgent reports are prioritised subject to expert availability and tribunal or discharge timetables.
Expert Type
- Forensic Psychiatrist
- Consultant Psychiatrist
- Social Worker (Expert Witness)
- Occupational Therapist
Applicable Law
- Mental Health Act 1983 (as amended 2007)
- Care Act 2014
- Mental Capacity Act 2005
- Human Rights Act 1998
When Needed
This assessment is essential when a patient is eligible for statutory aftercare services following detention under Section 3, 37, 45A, 47, or 48. It addresses the clinical necessity of specific services to prevent readmission and support recovery.
What Is a Section 117 Aftercare Assessment?
A Section 117 Aftercare assessment determines the necessary services required to meet the health and social care needs of individuals who have been detained under certain sections of the Mental Health Act 1983. This statutory duty requires the provision of a comprehensive aftercare plan to meet needs arising from the person’s mental disorder and to reduce the risk of relapse or readmission.
The legal test requires identifying services that meet a need arising from the person’s mental disorder and are necessary to reduce the risk of a deterioration in their mental condition. Our experts evaluate the adequacy of proposed packages and provide recommendations on specialized accommodation, medication, and supervision requirements.
- Eligibility criteria — verification of qualifying detention under Section 3, 37, 45A, 47, or 48
- Need identification — assessing requirements specifically related to the underlying mental disorder
- Prevention of relapse — identifying services that mitigate the risk of clinical deterioration
- Multi-agency coordination — evaluating the joint planning between Integrated Commissioning Boards and Local Authorities
- Funding responsibility — providing clarity on the division of statutory obligations for complex placements
- Entitlement cessation — determining, on joint agreement by the ICB and Local Authority, when statutory aftercare is no longer required
Our experts provide independent oversight in cases of disputes regarding funding or service provision, ensuring that the clinical needs of the patient remain the primary focus within the legislative framework.
Our reports provide detailed expert analysis of proposed treatment pathways and levels of community support, assessing whether they are proportionate, clinically appropriate, and sufficient to meet statutory aftercare duties.
Key Assessment Components
Our assessment evaluates the following areas:
Clinical Review
A comprehensive analysis of the patient’s psychiatric history and current mental state to identify ongoing vulnerabilities.
Risk Assessment
Evaluation of forensic risks or self-harm potential to determine the necessary level of community supervision.
Placement Suitability
Expert opinion on whether a proposed residential or community placement can safely manage the patient’s presentation.
Social Care Integration
Assessing the interaction between social care support and medical treatment within the holistic aftercare plan.
Service Specification
Detailing the specific therapeutic interventions and psychological support required to maintain stability in the community.
Capacity Assessment
Reviewing the patient’s mental capacity to consent to the proposed aftercare arrangements and residence.
Conditions That May Affect This Assessment
A range of psychiatric and psychological conditions can affect this assessment. These include:
The impact of these conditions can fluctuate significantly, requiring an assessment that considers both current stability and historical patterns of relapse.
Assessment Process
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Instruction Received
Solicitors provide the Letter of Instruction along with clinical records and the proposed Section 117 care plan.
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Expert Matched
We select a forensic or consultant psychiatrist with specific experience in community reintegration and tribunal evidence.
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Assessment Conducted
The expert interviews the patient and liaises with the clinical team, social workers, and potential placement providers.
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Report Delivered
A report compliant with the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 is issued, detailing specific aftercare recommendations and the clinical rationale for service provision.
Turnaround Times
| Urgency Level | Timescale |
|---|---|
| Standard Report | 4-6 weeks from assessment |
| Priority Report | 1-2 weeks |
| Urgent Report | 1-4 days |
What’s Included in the Report
All reports are prepared in accordance with the Tribunal Procedure Rules 2008, and our experts are available to provide oral evidence at Mental Health Tribunal hearings.
Frequently Asked Questions
Need a Section 117 Aftercare Report?
Contact our team today to secure an expert psychiatric assessment for Section 117 aftercare. We provide detailed CVs and transparent written quotes within 60 minutes of your inquiry.
Related Mental Health Act & Tribunal Services
Independent psychiatric evidence for patients appealing their detention under the MHA.
Evaluations regarding the necessity and conditions of a CTO in the community.
Expert opinions on a patient’s capacity to make decisions regarding care and residence.
Specialized reports focusing on the management of risk in community settings.
Psychiatric evidence for Hospital Managers’ reviews of detention.
Expert evidence for life-sentenced prisoners or those with restricted mental health sections.
