Social Care

November 21st, 2016 by James Goudie KC

Under Section 117 of the Mental Health Act 1983 a person who has been compulsorily detained in a hospital for medical treatment for mental disorder under Section 3 of that Act is entitled, upon ceasing to be detained and leaving the hospital, to be provided with after-care services by the relevant authorities, being the responsible clinical commissioning body and the local social services authority, until such time as they are satisfied that he is no longer in need of such services.  On a proper interpretation of Section 117, is a local authority, when deciding the question of need, entitled to take into account the claimant’s available funds represented by personal injury damages? No, holds the Administrative Court in Manchester, in Tinsley v Manchester City Council [2016] EWHC 2855 (Admin).  The Judge held that the City Council was not entitled to refuse to provide after-care services under Section 117 when an applicant was in receipt of a personal injury award, notwithstanding that the award included an element for the future cost of his care, and that there was double recovery.

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