Web17. Under section 117(4) of the 1983 Act, section 40 of the 2014 Act applies to “a dispute about where a person was ordinarily resident” for the purposes of section 117(3) of the 2014 Act, just as it applies to ordinary residence disputes for Part I of the 2014 Act. 18. Again, there is no doubt that the purpose of resolving such disputes is to Web10 Jan 2024 · As highlighted in the White Paper on reforming the Mental Health Act: “Section 117 aftercare was introduced to the act in 1983 to provide patients with a statutory right to aftercare following discharge from the act.

Hancock overhauls approach to ordinary residence for Mental …

Web29 Jun 2024 · In the latest set of ordinary residence determinations, Hancock ruled that the Cornwall judgment was applicable to section 117 aftercare, quoting a key paragraph in the Supreme Court ruling which said that it would be “highly undesirable” and contrary to the intent of legislation for an authority to be able to transfer ordinary residence to another by … WebAs the concept of ordinary residence serves as a mechanism for apportioning responsibility between authorities for the provision of aftercare services under section 117 of the … harry k ball

Crucial Court of Appeal decision on s.117 aftercare - DAC …

Web23 Apr 2024 · Under section 117 (2) of the MHA, entitlement for aftercare ends when the relevant council and NHS commissioning body decides that the person no longer needs it – not on their subsequent detention. So, given that, Worcestershire did not take the decision that the woman did not need aftercare, it retained responsibility. Web22 Mar 2024 · Under section 117 of the 1983 Act, as amended by the Care Act 2014, if a person is ordinarily resident in local authority area (A) immediately before detention under … Web17. Section 117(4) MHA deals with disputes about where a person was ordinarily resident. It provides that if there is a dispute between two local authorities in England, section 40 of … harry kazianis federalist