If you or someone you care about has ever been detained under the UK Mental Health Act, you may have heard the term Section 117. While it sounds like legal jargon, it’s actually one of the most important rights a mental health patient can have. Section 117 ensures that people leaving hospital after compulsory detention receive free aftercare, a vital step to support recovery, prevent relapse, and reintegrate into society.
Despite its importance, many people don’t fully understand Section 117. This guide will cover everything: what it is, who qualifies, what aftercare includes, how long it lasts, and why it matters.
What Is Section 117 of the Mental Health Act?
Section 117 of the Mental Health Act is a statutory provision in the UK that requires the NHS and local authorities to provide aftercare services to certain patients who have been detained in hospital under specific sections of the Mental Health Act. The aftercare is designed to prevent relapse or deterioration and is completely free of charge to the patient.
The key aim of Section 117 is to ensure continuity of care once someone leaves hospital. Without this provision, patients are at risk of relapse, readmission, homelessness, or deterioration of their mental health.
Who Does Section 117 Apply To?
Section 117 applies to people detained under the following sections of the Mental Health Act:
- Section 3: For treatment of mental disorders requiring compulsory admission.
- Section 37: Court-ordered treatment in hospital (e.g., following criminal proceedings).
- Section 45A: Treatment while on remand or awaiting trial.
- Section 47: Transfer from prison to hospital.
- Section 48: Treatment in hospital for sentenced prisoners.
If a patient is discharged from hospital after being detained under any of these sections, Section 117 aftercare automatically applies, regardless of age, employment status, or income.
History of Section 117
The duty of aftercare was first introduced under the Mental Health Act 1983. Before that, patients were often discharged without sufficient support, which frequently led to:
- Relapse of mental health issues
- Repeat hospital admissions
- Homelessness
- Social isolation
The law recognized that hospital treatment alone was insufficient. Aftercare in the community was necessary to support long-term recovery.
The Mental Health Act 2007 later updated Section 117, making it explicit that:
- Aftercare must be free of charge
- Local authorities and the NHS must coordinate care
- Services cannot be withdrawn arbitrarily
This made Section 117 one of the most protective legal rights in UK mental health law.
How Section 117 Mental Health Act UK Works
Once a patient is discharged from hospital, the NHS and local council must:
- Assess needs: Determine the type and level of aftercare required.
- Provide care: Offer treatment, support, or services necessary to reduce risk of relapse.
- Coordinate services: Ensure medical, psychological, and social support work together.
- Review regularly: Reassess the patient’s needs periodically.
This coordinated approach ensures patients don’t just leave the hospital to fend for themselves they have a safety net in place.
What Is Section 117 Aftercare?
Section 117 aftercare is tailored to each individual. The care must meet the patient’s unique needs and may include a combination of:
Medical Support
- Regular psychiatric reviews
- Medication management and monitoring
- Access to specialist clinicians
Psychological Support
- Individual therapy
- Cognitive behavioral therapy (CBT)
- Group therapy
- Trauma-informed care
Social and Community Support
- Social worker assistance
- Care coordinator support
- Help with daily living activities
- Peer support networks
Housing Support
- Supported or temporary accommodation
- Assistance with independent living
- Housing adaptations where needed
Education and Employment
- Guidance to access education or training
- Supported employment programs
- Advice on maintaining workplace wellbeing
Other Services
- Substance misuse support
- Crisis helplines
- Family therapy and counselling
In short, Section 117 aftercare is holistic. Its purpose is not just to prevent hospital readmission but to support full recovery and integration into society.
How Long Does Section 117 Mental Health Act Last?
One of the most important aspects of Section 117 is that there is no time limit. Aftercare continues until both the NHS and local authority agree it is no longer required.
It cannot be withdrawn due to:
- Budget constraints
- Time elapsed since discharge
- Administrative reasons
Termination of Section 117 services must involve a formal review, documentation, and agreement between the NHS and local council. Patients also have the right to appeal decisions if they feel their needs have not been met.
Eligibility for Section 117 Aftercare
Eligibility is strictly based on the section under which someone was detained. Patients do not need to apply, pay, or prove financial need.
Key eligibility criteria:
- Detained under Section 3, 37, 45A, 47, or 48
- Discharged from hospital
- Still has ongoing risk of relapse or need for support
Even if someone recovers fully, Section 117 remains in place until a joint decision is made by the NHS and council that aftercare is no longer required.
Common Misunderstandings About Section 117
- “It’s only short-term.”
False. Section 117 can last months, years, or even indefinitely. - “It costs money.”
False. Section 117 services must be free. - “Only adults qualify.”
False. Any patient detained under the qualifying sections is eligible, including young people in certain circumstances. - “It stops automatically.”
False. Only a formal decision by the NHS and local authority can end it.
Legal Protections Under Section 117
Section 117 gives patients strong legal protections:
- Right to free care
- Right to holistic support
- Right to housing if needed
- Right to appeal decisions
- Duty on NHS and local council to coordinate services
These protections make Section 117 a cornerstone of mental health law in the UK.
How Section 117 Works With Community Mental Health Teams (CMHTs)
Most patients eligible for Section 117 aftercare will work with a Community Mental Health Team (CMHT). This multidisciplinary team may include:
- Psychiatrists
- Community psychiatric nurses
- Social workers
- Occupational therapists
- Psychologists
CMHTs ensure the patient gets continuity of care after hospital discharge and support them in daily living, social integration, and recovery.
Examples of Section 117 Aftercare in Action
Example 1 – Housing:
A patient discharged from hospital who has no stable home is provided with supported accommodation through Section 117. They receive regular visits from a social worker and access to therapy.
Example 2 – Therapy & Employment Support:
A patient discharged after treatment for severe depression continues therapy sessions, attends CBT groups, and gets support to return to work or training.
Example 3 – Young People:
A young adult leaving secure psychiatric care may receive ongoing counselling, education support, and family therapy to help reintegrate into the community.
Differences Between Mental Health Act 1983 Section 117 and Mental Health Act 2007 Section 117
| Feature | 1983 Act | 2007 Update |
| Legal foundation | Original aftercare requirement | Clarified free provision |
| Funding | Sometimes challenged | Must be free; cannot charge |
| Scope | Basic aftercare | Includes holistic, community-based care |
| Review process | Not explicitly defined | Formal review required to end services |
| Housing | Sometimes provided | Explicitly covered if required for recovery |
The 2007 amendments strengthened patients’ rights, making Section 117 one of the most protective provisions in UK mental health law.
FAQs
What is Section 117 of the Mental Health Act?
Section 117 provides free aftercare for patients detained under certain sections of the Mental Health Act after hospital discharge.
Who qualifies for Section 117 aftercare?
Patients detained under Sections 3, 37, 45A, 47, or 48 of the Mental Health Act.
Is Section 117 free?
Yes. Both the NHS and local councils are required to provide aftercare free of charge.
How long does Section 117 last?
There is no time limit. It continues until the NHS and local authority formally agree that aftercare is no longer needed.
Does Section 117 include housing?
Yes. If housing support is necessary for recovery, it must be provided.
Can Section 117 be stopped?
Yes, but only through a formal review process involving both the NHS and local authority.
Final Thoughts
Section 117 of the Mental Health Act is a lifeline. It ensures that people leaving hospital have access to support that is legally guaranteed, tailored to their needs, and free of charge. It prevents relapse, supports recovery, and helps patients reintegrate into the community.
If you or someone you know qualifies for Section 117 aftercare but isn’t receiving it, this is a legal issue. Patients have the right to demand their care and appeal if necessary.
This law isn’t just about survival in hospital it’s about rebuilding life after mental health crises, and it remains one of the most important rights a mental health patient has in the UK.