Court of Appeal decision clarifies the issue of which local authority is responsible for funding section 117 Mental Health Act 1983 after-care services

On 22nd May,  the Court of Appeal handed down judgment in the case of Wiltshire Council –v- Hertfordshire County Council and SQ [2014] EWCA Civ 712.  The decision clarifies the issue of which local authority is responsible for funding section 117 Mental Health Act 1983 after-care services in circumstances where a patient has been conditionally discharged, recalled and then conditionally discharged under the Mental Health Act 1983. All local authorities should be aware of this decision because it confirms the principle that the placing authority remains liable for section 117 after-care.

Rhodri Williams QC and Nazeer Chowdhury instructed by the Defendant, Legal & Member Services, Hertfordshire County Council.

See the judgment here.

See Alerter here.