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After-care

Section 117 places a joint duty on the relevant CCG (or LHB in Wales) and LSSA to provide (or arrange for the provision of), in co-operation with relevant voluntary agencies, after-care services for certain classes of detained patient.

It applies to patients who were detained under s3, s37, s37/41, s45A, s47, s47/49, s48/49. It begins when they cease to be detained and (whether or not immediately after so ceasing) leave hospital. The duty continues until the CCG and LSSA are satisfied that such services are no longer required. This decision cannot be made during the continuance of a CTO.

The relevant bodies are usually those for the area in which the patient was ordinarily resident immediately before being detained or (if the patient was not ordinarily resident anywhere in England or Wales) for the area in which the person concerned is resident or to which he is sent on discharge by the hospital in which he was detained.

No charge can be made for after-care provided under s117 (and if charges have been made then they can be claimed back).

CCGs

1. For patients discharged between 1 April 2013 and 31 March 2016, the duty on a CCG imposed by s117 can be imposed on a different CCG in the situations set out in the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012. CCG B is responsible instead of CCG A in certain circumstances which are set out in Regulation 14. The rough gist is that if the patient is registered with a GP in area B then it is the CCG in area B which is responsible.
2. For patients discharged from 1 April 2016, the situation is different, following changes made by National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2016. See that page for details, and also see the notes on the "Who Pays?" guidance below.

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