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Aftercare under Section 117 MHA 1983: law and practice 14 November 2023 *NEW*

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Date, Time & Location

Nov 14, 2023, 9:30 AM – 4:00 PM

via Zoom

About the Event

Aftercare under Section 117 MHA 1983: law and practice (England) 


This one day course is aimed at health and social care professionals who are involved in the process of assessing aftercare provision for those who have been detained for treatment under the Mental Health Act 1983. It will cover the meaning and scope of aftercare under s117 MHA, the guidance in the MHA Code of Practice, and practice issues. It will also consider funding, residence and local problems and, through case scenarios and discussion, provide an opportunity to review the aftercare decision-making process.   

Learning outcomes  

By the end of the day attendees will have a detailed understanding of: 

  • the provisions of s117 of the MHA 1983 and the guidance in the MHA Code of Practice
  • the healthcare/social care split and the respective roles of the local authority and the ICB 
  • the relationship between s117 assessments and the Care Act, CPA and continuing health care
  • which area has the aftercare responsibility following the Worcerstershire Supreme Court decision, and
  • how to evidence assessments of needs in a way that is appropriate and defensible


  • What is ‘aftercare’ and who gets it?
  • Section 117 of the Mental Health Act
  • The healthcare/social care split
  • Relationship to Care Act assessments and continuing healthcare
  • Roles of the local authority and the ICB
  • Assessing aftercare needs
  • Mental capacity
  • When does aftercare begin and end?
  • The funding split – LA or ICB?
  • Residence – which area pays?
  • Dealing with challenges

The course will be delivered by Simon Foster 

Simon Foster is a freelance legal consultant and trainer specialising in mental health, mental capacity, social care and human rights law. He spent several years as a local authority solicitor before being appointed as head of the legal unit at Mind. In 2004-5 he helped redraft the Mental Health Act Code of Practice and in 2009 he worked on the Ordinary Residence guidance for the Department of Health.  From 2011-12 he was interim Head of Legal Support Services at Sense, the deafblind charity. Simon has also taught social care and childcare law to DipSW students at Middlesex and South Bank Universities, and incapacity law to LLM students at Queen Mary University of London.

Includes all course materials and a PDF certificate. Course access details will be emailed direct to delegate(s) upon completion of your booking.  If you have any queries, please do not hesitate to email  or call 07341 277487.


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