Section 117 Aftercare: U-turn on determining the responsible social care commissioner for section 117 aftercare following the Supreme Court’s Judgment on Worcestershire

The Supreme Court has handed down its judgment in the case of Worcestershire v the Secretary of State for Health and Social Care on 10 August 2023.

The Supreme Court has upheld Worcestershire County Council’s appeal and has concluded that when determining the responsible social care commissioner for section 117 aftercare, bodies must look to where the individual was immediately detained prior to each qualifying detention. The impact of this decision is that responsibility will no longer stick with a local authority where an individual has a subsequent detention under a qualifying provision of the Mental Health Act 1983.

We will be considering the impact of this decision on both local authority and health responsibility for section 117 aftercare and will be shortly publishing our thoughts on this judgment.

In the meantime, if you have any queries on section 117 aftercare please contact Anna Davies, Partner or Ruth Atkinson-Wilks, Senior Associate.