header-logo header-logo

15 December 2023 / Nicholas Dobson
Issue: 8053 / Categories: Features , Local government
printer mail-detail

Mental health aftercare—which authority pays?

151426
Nicholas Dobson expertly dissects the allocation of financial responsibility for aftercare in a recent case
  • Covers R (Worcestershire County Council) v Secretary of State for Health and Social Care.
  • The duty under s 117(2) of the Mental Health Act to provide aftercare services automatically ceases if and when the person concerned is detained under s 3 (or another provision specified in s 117(1)).
  • The words ‘ordinarily resident in’ in s 117(3)(a) must be given their usual meaning.

Back in the 1950s two strange little fellows with bizarre voices were all the rage on children’s TV. For Bill and Ben were the Flower Pot Men, who not only lived in two adjacent flower pots (with a friendly weed in the middle) but were also made of flower pots. One of the chaps would frequently cause a mishap, prompting a soprano narrator to sing: ‘Was it Bill or was it Ben; which of those two Flower Pot Men?’

This ditty recently came to mind in the much more serious context of financial responsibility for the aftercare of those compulsorily detained

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll