Charging for aftercare services
In R (Stennett) v Manchester City Council [2002] UKHL 34M it was decided that section 117 is not a ‘gateway’ section to other community care provisions; as it contains no charging provision, so no charge should be made for after-care under that section, including for caring residential accommodation.
Therefore, no charges may be made; if charges have been made they may be claimed back.
In Tinsley v Manchester City Council [2017] EWCA Civ 1704M the local authority was liable to pay for s117 aftercare despite the patient having earlier been awarded personal injury damages for future care.
Free after-care is a benefit of having been detained under s3 as opposed to s2 or being deprived of liberty under the DOLS provisions (as in DM v Doncaster MBC [2011] EWHC 3652 (Admin)M).
In certain circumstances, top-up fees may be paid for preferred accommodation (s117A).
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