MHA 117 and fees.

ecclesto

My mum is shortly to go into a home and on reading her care assessment plan, they say she needs MHA 117 aftercare. I thought this meant that her care should be free but she is having to self fund it. She will be moving into a different authority and area this week. I telephoned the alzheimers society and they said she should be having free care but when she moves, the new authority will re assess her and probably take the 117 off her! Why would they do this when she has been assessed and awarded the 117.

Savvy_Sue

I'm afraid I don't know, but is it worth asking the Alzheimer's Society if they can explain WHY the funding would be removed? Also I googled and found factsheets available from MIND and RETHINK, do any of them help? And AgeUK / Counsel and Care, are they any use?

NeverEnough

Removing section 117 aftercare is not sometng easily or lightly done by any local authority. It would need a recommendation from the Consultant Psychiatrist in charge of your mum's care, to the Head of Social SErvices at the responsible authority, to sign off the removal of section 117 aftercare. It would also need to be discussed at your mum's next CPA meeting and of course you or your mum's IMHA could be asking the reasons why this would be appropriate, as she is not going to be recovering from the ALzheimers anytime soon. If she moves to a different area, then her responsible local authority will still fund 117 aftercare via an agreement with the new one. People who have been on a Section 3 of the mental health act are all entitled to 117 aftercare. The problem with Alzheimers is that a large portion of the care required is deemed as Social and not Health requirements, hence the refusal to cover care home costs from many authorities.

stuartms

As an ASW, (approved social worker), I can definitivly say s117 after care is a legal responsibility; it comes into effect after a person is detained in hospital under s3 of the MH act. No one can remove the legal entitlement to s117 after care. If a person requires care of any sort above the need they had prior to entering hospital under s3 wether they went into hospital under s3 or whilst in hospital became subject to s3, the extra care is funded under s117, ie paid for by the local authority, regardless wether the person has 1 pound or 5 million in savings. IT IS AS SIMPLE AS THAT. Do not be fobbed off and go to the Mental Health Commission if either the psyciatrist or the social worker get awkward. No financial assessment is needed and the person subject to s117 after care gets to keep all their pension or any other benefits when they enter care. I HOPE YOUR MUM KEEPS WELL

NeverEnough

stuartms wrote: »

As an ASW, (approved social worker), I can definitivly say s117 after care is a legal responsibility; it comes into effect after a person is detained in hospital under s3 of the MH act. No one can remove the legal entitlement to s117 after care. If a person requires care of any sort above the need they had prior to entering hospital under s3 wether they went into hospital under s3 or whilst in hospital became subject to s3, the extra care is funded under s117, ie paid for by the local authority, regardless wether the person has 1 pound or 5 million in savings. IT IS AS SIMPLE AS THAT. Do not be fobbed off and go to the Mental Health Commission if either the psyciatrist or the social worker get awkward. No financial assessment is needed and the person subject to s117 after care gets to keep all their pension or any other benefits when they enter care. I HOPE YOUR MUM KEEPS WELL

I'm afraid the above is simply inaccurate - firstly there is no longer an Approved Social Worker (ASW) under the amendements to the Mental Health Act from 2007 onwards- the role is now that of an AMHP, ( approved mental health professional), so I am afraid I do wonder about someone describing themselves as an ASW, as this role no longer exists.

I am a Consultant Psychiatrist and I provide regular teaching sessions on the Mental Health Act, including 117 Aftercare, and I can categorically state that stuartms is incorrect about 117 aftercare being permanent - it USUALLY is, but 117 aftercare CAN be removed legally under specific circumstances and is never done lightly, as I have said. The law DOES allow removal of the 117 provision from someone who was once on a Section 3, but it is not easy to do. I have been involved in 2 cases where the entitlement was actually removed over a 20 year career as a Consultant approved under Section 12(2) of the Mental Health Act.

So the incorrect and misleading statement of " no-one can remove " the 117 entitlement may lead people to make erroneous assumptions- under certain circumstances it CAN be removed, although it is fair to say these are very rare. It is a legal responsibility , the 117 aftercare, and all local authorities are well aware of this.

Please also note that the Mental Health Act is now administered in England via a division of the Care Quality Commission, not the defunct Mental Health Act Commission - again, this seems to indicate that the above poster is not up to date with the changes to Mental Health Law as the MHAC and ASW no longer exist in current Mental Health Law.

If there are areas of concern, it may be appropriate to ask for Advocacy Services to get involved, or to arrange a meeting with the Social Worker, it isn't a case of them being "awkward", its about getting the best possible care to which yur mum may be entitled, and to ensure that family understand what financial support is available on a statutory basis - as I said, 117 aftercare can only be removed under very unusual circumstances, and if this is the case, this should be questioned directly via the local authority responsible and escalating the concerns if needs be.