- Crucial Court of Appeal decision on section 117 aftercare (R (On the Application of Worcestershire County Council v Secretary of State for Health and Social Care)
- What was the case about?
- What did the Court of Appeal decide?
- Practical implications
- What next?
Local Government analysis: We now have the much awaited Court of Appeal decision in the case of Worcestershire County Council, R (On the Application Of) v Secretary of State for Health and Social Care, which deals with the ongoing battle as to responsibility for commissioning and funding aftercare under section 117 of the Mental Health Act 1983 (MeHA 1983), with similar disputes nationally effectively having been paused pending the outcome of this appeal. Since responsibility for the provision of aftercare can have considerable resource implications and has given rise to frequent disputes over recent years, this decision is likely to have significant implications for local authorities and clinical commissioning groups (CCGs) in determining where responsibility lies and crucially, when it may be ended, with further guidance now required in relation to the approach of Local Authorities. In this briefing, Helen Kingston, Sarah Woods and Matt Nichols of DAC Beachcroft LLP look at the Court of Appeal’s decision and its practical impact.
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