The right to free aftercare: One council - 250 people could have been charged for rent, utilities and service charges which should have been free
- Edge Training
- 28 minutes ago
- 2 min read
A Ombudsman case has found a council and ICB were at fault for charging a woman for rent, utilities and other service charges when she qualified for free aftercare under the Mental Health Act (section 117). The Ombudsman found: ‘The Multi-Agency Policy’s starting position is, even if someone’s accommodation forms part of their Section 117 aftercare, the person would need to contribute towards its rent, utilities and service charges (using housing benefit or otherwise). I consider that is fault, and not in line with the Code ... Section 117 is an absolute duty, which is free.’
‘For Ms F’s case, the Council has been clear it would not fund the rent, utilities or service charges of a supported living placement. Because it does not meet the criteria of “accommodation plus”. However, I have not seen any evidence the Council has completed a specific assessment of Ms F’s Section 117 needs, in line with the CPA. Also, there is no detailed analysis why the supported living placement does not meet the criteria of “accommodation plus”. The Council’s draft care plan in November 2024 does not include that detail. That was fault, and not in line with the Code.’
‘During my investigation, the Council and ICB told me “There are approximately 250 people who have been identified that might be paying rent in the context of supported living, who receive Section 117 after-care”. Based on the Council and ICB’s flawed Multi-Agency Policy, some of those people may be unnecessarily paying towards their accommodation.’
Edge Training can be commissioned to deliver half and full day courses on Section 117 aftercare and how to get it right. - if you would like to enquire about commissioning us please email admin@edgetraining.org.uk or call 07825 731139.
We are also running this as an Event on 13 May 2026. Click here to view and book >>> https://www.edgetraining.org.uk/section117
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