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ITEM SP11(c)
SUPPORTING PEOPLE
COMMISSIONING BODY – 16 DECEMBER 2005
Mental Health Act s117
and Supporting People
The County Council
has sought legal advice on its obligations under Section 117 Mental Health
Act 1983 and the inter-relationship with those obligations and "Supporting
People" arrangements.
I set out below a
summary of that advice:
- A local authority
cannot argue that those entitled to accommodation under Section 117
as an aftercare provision should be provided with accommodation under
Part III National Assistance Act 1948 and should subsequently be charged
for that accommodation;
- However, it does
not follow that a person who qualifies for aftercare provision under
Section 117 must be provided with accommodation under Part III National
Assistance Act 1948;
- Part III accommodation
may, but will not always, be a Section 117 need;
- The obligations
on the Directorate for Social and Health Care in the care planning process
is to precisely identify the aftercare need and in some circumstances
this would be, for example, a need for help in finding a property, help
with finding a supported housing place, helping in applying for housing
benefit, a need to have their independence promoted etc;
- As far as non-accommodation
services are concerned these again, may be an aftercare service provided
under Section 117, for example, assistance with repairs for an owner-occupier.
However, there may be no need for a Section 117 if the potential need
for that service is met in another way;
- Where a client
has been provided with accommodation combined with associated support
paid for by transitional housing benefit, there is no 117 duty that
arises, that support being incidental to the provision of accommodation
under, in most circumstances, a tenancy.
- With regard to
Supporting People charges, those entitled under Section 117 may still
be liable to pay rent and so may claim housing benefit. With respect
to support charges the ability to require clients to make a contribution
will depend upon the financial regime under which Supporting People
operates.
- Under the block
subsidy arrangement the Council considers it legitimate for the cost
of support to be met from the Supporting People income stream, certainly
as regards those entitled to housing benefit, similarly, block gross
arrangements. Where a client is entitled to support pursuant to Section
117, and is not entitled to claim housing benefit, then it is likely
that the Council would have to meet the costs of support;
- As regard the
block gross chargeable arrangements, these are likely to have to be
met from local authority funds.
Nick Graham
Principal Solicitor
For and on
behalf of P G Clark
Head of Legal
Services and Solicitor
to the Council
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