Supreme Court clarifies responsibilities for aftercare services under s117 Mental Health Act 1983

R (Worcestershire County Council) v Secretary of State for Health and Social Care [2023] UKSC 31

In a recent judgment which will have long-term implications for hard-pressed local authorities and integrated care boards (ICBs), the Supreme Court has thrown more light on the legal duty under s117 of the Mental Health Act 1983 (MHA) to provide aftercare services. The decision is important because uncertainty about where the responsibility lies has led to numerous disputes about the legal position when a person who is already in receipt of s117 services moves from one local authority to another and is detained again under s3 of the Mental Health Act 1983. The court was informed that the circumstances giving rise to this appeal were common, and could be expected to arise on many occasions every year.