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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:

  1. 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;
  2. 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;
  3. Part III accommodation may, but will not always, be a Section 117 need;
  4. 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;
  5. 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;
  6. 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.
  7. 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.
  8. 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;
  9. 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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