Aftercare under Section 117 MHA 1983: law and practice (WALES) 10 December 2024

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

Aims

This legal training course is aimed at mental health & 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 s.117 MHA, the guidance in the MHA Code of Practice for Wales, and practice points. It will also consider funding, residence and local issues and, through case scenarios and discussion, provide an opportunity to review the decision-making process.

Learning outcomes

By the end of the session attendees will have a better understanding of: 

• the provisions of s.117 of the MHA 1983 and the guidance in the MHA Code of Practice and the Mental Health (Wales) Measure; 

• the healthcare/social care split & the roles of the local authority and the LHB;

• the relationship between s.117 assessments, SSWBA & continuing healthcare;

• what should be included in an aftercare plan, including accommodation issues; 

• which local authority & which LHB have the s.117 responsibility; and

• how to evidence assessments of needs in a way that is appropriate and defensible.

Outline Programme

9.30-10.45 Introduction to the course and practical arrangements. Participants’ needs. What is ‘aftercare’ and who gets it? S.117 of the MHA. The healthcare/social care split. Relationship to SSWBA assessments & to continuing health care.

10.45-11.00 Comfort break.

11.00-12.30 Assessing aftercare needs. Mental capacity. The funding split- LA or LHB?

Case study 1 (jn breakout rooms)

12.30-1.30 Lunch break.

1.30–2.45 Questions from the morning session. Accommodation as a s.117 need. When does aftercare begin & end? Tricky cases.

2.45-3.00 Comfort break

3.00-3.45 Residence: which area pays? Case study 2. Dealing with challenges.

3.45-4.00 Final questions. Close

Trainer

Simon Foster is a freelance legal consultant and trainer who works extensively across Wales and England. A former local authority solicitor, he was previously 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 incapacity law to LLM students at Queen Mary University of London, and social care law to DipSW students at Middlesex and South Bank Universities. 

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 events@edgetraining.org.uk  or call 07341 277487.