Author and Publication
Author: Ben Slater, Registered Social Worker, Founder and Managing Director of Nellie Supports
Reviewed by: Kerry Slater, Director of Operations
Last reviewed: 20 July 2026
Citation
1. Department of Health and Social Care (2022) National Framework for NHS Continuing Healthcare and NHS-funded Nursing Care. Available at: https://www.gov.uk/government/publications/national-framework-for-nhs-continuing-healthcare-and-nhs-funded-nursing-care
2. Mental Health Act 1983, c. 20, section 117. Available at: https://www.legislation.gov.uk/ukpga/1983/20/section/117
3. Department of Health and Social Care (2015) Mental Health Act 1983: Code of Practice.
4. Department of Health and Social Care. Care and support statutory guidance. Available at: https://www.gov.uk/government/publications/care-act-statutory-guidance
Copywright
Copyright © 2026 Nellie Supports Ltd. All rights reserved.
This article is made available for general information, education and professional reference. It may be downloaded, printed and shared for non-commercial purposes, provided that it is reproduced in full, is not altered in any way, and is properly cited as the work of Nellie Supports Ltd. This material must not be edited, adapted, sold, republished, incorporated into commercial products, or used for commercial training, assessment, report-writing or advisory services without prior written permission from Nellie Supports Ltd.
This article does not constitute legal advice, clinical advice or a substitute for a decision-specific professional assessment. Where legislation, government guidance, court forms or external professional materials are referred to, those materials remain subject to their own copyright, licensing and re-use terms.
Abstract
This guide compares section 117 aftercare under the Mental Health Act 1983 with NHS Continuing Healthcare. It explains who qualifies for section 117, what it covers, why it is free of charge, the relationship between the two routes, why section 117 is normally considered first, and how aftercare duties come to an end.
Section 117 aftercare versus NHS Continuing Healthcare
Section 117 aftercare and NHS Continuing Healthcare are separate routes to free care, and where both might apply, section 117 is normally considered first. The distinction matters because the qualifying route is completely different.
What section 117 is
Section 117 of the Mental Health Act 1983 places a duty on the NHS and the local authority to provide aftercare services to certain people who have been detained in hospital for treatment under specific sections of the Act, most commonly section 3. The duty arises from the detention itself rather than from an assessment of the level of need, which is the fundamental difference from NHS Continuing Healthcare.
Who qualifies
Eligibility follows from having been detained under a qualifying section, principally section 3, section 37, section 45A, section 47 or section 48. If the person was detained under one of those and has been discharged, the aftercare duty applies. Detention under section 2, which is for assessment, does not give rise to a section 117 duty.
What it covers
Services that meet a need arising from or related to the mental disorder for which the person was detained, and which reduce the risk of deterioration requiring readmission. That can include accommodation where the accommodation itself meets such a need, care packages, support and therapeutic input. What it does not cover is need unrelated to the qualifying mental disorder.
Why it matters financially
Section 117 aftercare cannot be charged for. There is no means test and no contribution, which puts it in the same practical position as NHS Continuing Healthcare and a very different one from ordinary Care Act support. For someone with capital above the local authority threshold, the difference is often the entire cost of the package.
Why section 117 is considered first
Where someone is entitled to section 117 aftercare, that duty applies to the relevant services regardless of whether they would also meet the primary health need test. Considering it first avoids an unnecessary and lengthy NHS Continuing Healthcare assessment, and avoids the risk of a person being charged in the interim while an assessment runs.
Where both are relevant
The two can overlap. Section 117 covers needs arising from the qualifying mental disorder, while NHS Continuing Healthcare covers the totality of health needs. Someone with a qualifying detention history who has since developed unrelated physical health needs may need both routes considered, and the split between them can require careful analysis.
How the duty ends
The duty continues until the NHS and local authority are jointly satisfied that the person no longer needs aftercare services. It cannot be ended by one body alone, nor simply because time has passed or the person appears settled. A decision to discharge the duty should be made jointly and recorded, and it can be challenged where it appears premature.
Key takeaway
Section 117 arises from a qualifying detention rather than from the level of need, cannot be charged for, and should be considered before an NHS Continuing Healthcare assessment where it may apply. The duty ends only when both bodies jointly agree aftercare is no longer needed.
Add a Title
Add paragraph text. Click “Edit Text” to update the font, size and more. To change and reuse text themes, go to Site Styles.
Frequently asked questions
Does section 117 depend on how much care is needed?
No. It arises from having been detained under a qualifying section of the Mental Health Act, principally section 3. That is the key difference from NHS Continuing Healthcare, which depends entirely on assessed need.
Can you be charged for section 117 aftercare?
No. Aftercare services provided under section 117 cannot be charged for, with no means test and no contribution, which puts it in a similar practical position to NHS Continuing Healthcare.
Does detention under section 2 count?
No. Section 2 is for assessment and does not give rise to a section 117 duty. The common qualifying sections are 3, 37, 45A, 47 and 48.
Related NHS Continuing Healthcare pages
These links take you to the most relevant Nellie Supports service page and to the supporting guides that explain the surrounding process.
Speak to an independent CHC specialist
Nellie Supports prepares independent needs evidence for NHS Continuing Healthcare assessments, reviews and appeals across England and Wales. Our reports are written by registered social workers on a permanent employed team, with internal peer review before release. Call 0333 987 5118 or send an enquiry and we will talk through where you are in the process.