S117 Mental Health Act 1983 Arbitration – 3 local authorities

01 Jan 2018

Health and Social Care

AL successfully acted for one of the 3 local authorities – Authority A – involved in the question of which one was responsible for s117 after-care support of an individual who had been detained under sections 2 and 3 since 2004. The arbitrator followed Sunderland CC v South Tyneside CC [2012] EWCA Civ 1232 and found that his stay in Authority A’s area did not have the quality of residence, but was rather a temporary visit for the purpose of seeing family or obtaining medical treatment. Accommodation in any event did not remain available to the individual following his hospital admission. He had no place of residence and the responsible authority was therefore the one he was sent on discharge from hospital.

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