Skip to content
Carevo

Section 117 aftercare

Free mental health aftercare that cannot be charged for, has no time limit, and is routinely missed.

Carevo editorial team Updated 2 August 2026 Checked by Carevo editorial team, 2 August 2026

Figures on this page are 2026/27 tax year rates, checked 2 August 2026. UK benefit rates and care charging thresholds change every April.

Section 117 of the Mental Health Act 1983 places a joint duty on the NHS and the local council to provide aftercare, free of charge, to people who have been detained under certain sections.

It is one of the most valuable entitlements in the whole system, and one of the least understood. People are charged for services that should be free, and aftercare is withdrawn without the process the law requires.

Who qualifies

You are entitled to section 117 aftercare if you have been detained under:

  • Section 3, the most common route
  • Section 37, a hospital order from a court
  • Section 45A, 47 or 48, transfers from prison

It does not apply to informal (voluntary) patients, or to people detained only under section 2 for assessment.

What it means in practice

It is free. Section 117 services cannot be charged for. Not means tested, no contribution, regardless of savings or property.

It has no time limit. It continues until the integrated care board and the council jointly agree it is no longer needed. One body cannot end it alone, and it should not lapse quietly because someone has been well for a while.

It is broad. It covers services meeting a need arising from the mental disorder that led to detention, where those services reduce the risk of readmission. In practice that can include supported accommodation, care at home, a support worker, day services, and therapy.

Where it goes wrong

Three things happen repeatedly, and all three are worth challenging:

  1. People are charged. If someone was detained under section 3 and is now paying for mental health related care or supported accommodation, ask in writing whether section 117 applies. Charges may be refundable.

  2. Aftercare is ended informally. Section 117 can only be discharged by a joint decision of the ICB and the council, properly recorded. “You seem fine now” is not a discharge.

  3. Nobody mentions it. The duty exists whether or not anyone tells you. If a section 3 detention is in the history, raise it.

How to raise it

Write to the council’s adult social care team and the integrated care board together. State the section you were detained under and the date, and ask them to confirm in writing whether section 117 applies and what aftercare is being provided under it.

Mind and Rethink Mental Illness both give free advice on this, and it is worth using them: section 117 disputes turn on statutory detail rather than sympathy.

Common questions

Who gets section 117 aftercare?

Anyone who has been detained in hospital under section 3 of the Mental Health Act, or sections 37, 45A, 47 or 48. It does not apply to informal patients or to people detained only under section 2.

Is section 117 aftercare means tested?

No. It cannot be charged for at all, whatever your income, savings or property. This is a statutory duty on the NHS and the council jointly, not a discretionary service.

How long does it last?

There is no time limit. It continues until both the integrated care board and the council formally agree, together, that you no longer need it. Neither can end it alone, and it should not be dropped simply because you are well.

What can section 117 cover?

Anything meeting a need that arises from the mental disorder that led to detention and reduces the risk of readmission. That can include supported accommodation, care at home, a support worker, day services and therapy.

Sources

This page is general information about how care funding works in England. It is not financial, legal or medical advice, and it does not replace an assessment by your local council or the NHS. Carevo is not a care provider.