Section 117 aftercare - Getting a Mental Health NHS Trust to take responsibility
- Edge Training
- 2 days ago
- 1 min read
In a recent case the Court of Protection highlighted the failure of a Mental Health NHS Trust in relation to its duties under Section 117 of the MHA. The judge stated:
‘The ICB have been candid in their recognition of the urgent need for the Mental Health Trust to be actively engaged in this case. Whilst the local authority and ICB have joint duty under s117 MHA to provide after care services to P on the information this court has seen, which I acknowledge may not be the complete picture, there has been virtually no effective engagement by the Mental Health Trust and the CMHT...The local authority have, in effect, been left shouldering the responsibility alone. The firm re-assurance given to the parties and the court by the ICB that this apparent abdication by the Mental Health Trust of their responsibilities is going to change is very welcome and should have taken place much earlier.’
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