Nobody Told You About Section 3 or Section 117. That's Not an Accident.

You sat in that discharge meeting nodding along, exhausted, relieved they were finally coming home, terrified about what home was going to look like now.

And nobody mentioned Section 117.

Nobody said, "by the way, because of how they were detained, they're entitled to free aftercare, and you shouldn't have to chase this yourself."

You found out later. Maybe from a Facebook group at 2am. Maybe from another mum who'd already fought this battle and won. Maybe you still don't know, and you're paying for support that should have been free, or going without support that should have existed months ago.

This one makes me properly cross. So let's get into it.

What Is Section 117, Actually?

Section 117 is part of the Mental Health Act 1983. In plain English: if your young adult has been detained in hospital under certain sections, most commonly Section 3, the NHS and your local council have a legal duty to give them free aftercare once they're discharged.

Not "if there's budget for it." Not "if you apply and get lucky." A legal duty.

This aftercare can include things like:

• Ongoing mental health support and follow-up

• Help with housing or supported accommodation

• Support to get back into work, education, or routine

• Free prescriptions for their mental health medication

• Help building a social life or community again

The whole point is to stop them going back into crisis and back into hospital. Which, if you've lived through even one admission, you'll know is exactly what you're trying to prevent too.

Who Actually Qualifies

Here's the bit that trips so many families up.

Section 117 applies if your young adult was detained under Section 3, Section 37, Section 45A, Section 47, or Section 48 of the Mental Health Act, or placed on a Community Treatment Order afterwards.

It does not apply if they were only ever held under Section 2 (the 28 day assessment section). That's the one that catches so many families out, because Section 2 admissions are common, especially for a first crisis, and there's no automatic entitlement attached.

So the very first thing worth knowing: which section were they actually detained under? That single detail changes everything about what you're entitled to ask for.

There's No Means Test

This is the part that genuinely surprises people. Section 117 aftercare is free regardless of income, savings, or benefits. Nobody should be asking you to fill out a financial assessment form for this.

If someone has told you it depends on what you or your young adult earns, that's not right, and it's worth pushing back on.

Why "You're Entitled To It" and "You'll Actually Get It" Are Two Very Different Things

Here's what nobody puts in the leaflet.

The law is clear. The reality on the ground is a different animal entirely.

Councils and health teams are stretched. Some will quietly hope you don't know your rights, because every case they don't have to fund is a case that doesn't hit their budget. That's not me being cynical, that's what mums tell me constantly.

What it can actually look like:

• Discharge happens with no mention of Section 117 at all, like it was never detained under Section 3 in the first place

• You're asked to fill in a financial assessment anyway, hoping you won't know it's not required

• The local authority and the NHS each say it's the other one's responsibility, while your young adult falls through the gap in the middle

• "Needs" get quietly downgraded at review, so support gets reduced or removed without a proper conversation

• You're told support is "under review" for months, with nothing actually happening

• Two councils argue over who's responsible if your young adult moved areas before or after the section

• You raise it and get met with confusion, like the person on the phone has never had to explain this before

None of that means you're wrong to push. It means the system relies on families being too tired, too grateful, or too unsure of their rights to challenge it. And you're none of those things once you know what you're looking at.

When Does It Stop?

Section 117 doesn't just quietly expire. It should only end after a proper review, usually through a Care Programme Approach meeting, where health and social care professionals formally agree the aftercare is no longer needed, and can say why.

If support has just tailed off without anyone reviewing it, that's not how it's supposed to work. That's a decision being made by default, not by law.

What To Do When It Feels Like Fighting

If your young adult has been detained under Section 3, 37, 45A, 47 or 48, and support has gone quiet, was never offered, or you're being asked to pay:

• Ask the discharge team directly, in writing, whether Section 117 applies

• Ask which local authority is responsible for their aftercare (usually where they were living before admission)

• Ask when the last CPA review happened, when the next one is, and what changed to justify any reduction in support

• Put everything in writing. Emails, not just phone calls. A paper trail changes how seriously you get taken

• If you're told to fill in a means test, ask them to confirm in writing that Section 117 aftercare is means tested, and watch how quickly that request goes quiet

• Name it as Section 117 aftercare every single time you raise it. Using the actual legal term shifts the conversation

If you're not sure where to start, or you're being stonewalled, organisations like Mind and Rethink Mental Illness have free advice lines that can talk you through your specific situation. This isn't legal advice, every family's circumstances are different, so for anything that's dragging on or being formally refused, an independent mental health advocate or solicitor who specialises in this area is worth their weight in gold.

If things ever feel urgent or unsafe, Samaritans (116 123, free, 24/7) and Shout (text SHOUT to 85258) are there any hour of the day. In an emergency, 999 or A&E.

You've been carrying enough of this alone. This one, at least, shouldn't be a fight you're having by yourself, or a fight you don't even know you're entitled to have.

Your calm in the chaos,

Sami 💙⚓

Frequently Asked Questions

What is Section 117 aftercare under the Mental Health Act?

Section 117 is a legal duty on the NHS and local authorities to provide free aftercare to someone once they're discharged from hospital, if they were detained under specific sections of the Mental Health Act 1983.

Does Section 117 apply after a Section 2 detention?

No. Section 117 does not apply to people who were only detained under Section 2. It applies to Sections 3, 37, 45A, 47, 48, and to people placed on a Community Treatment Order.

Is Section 117 aftercare means tested?

No. Section 117 aftercare is free regardless of income or savings. There should be no financial assessment attached to it, even though families are sometimes asked to complete one anyway.

Why is Section 117 aftercare so hard to get in practice?

Stretched budgets, poor communication between NHS and local authority teams, and low awareness of the law among families all contribute to Section 117 being under-applied, delayed, or wrongly refused, even though it's a legal entitlement.

How long does Section 117 aftercare last?

It continues until a formal review, usually a Care Programme Approach meeting, decides it's no longer needed. It shouldn't simply stop without that review taking place.

Who is responsible for arranging Section 117 aftercare?

The NHS and the local authority where the person was ordinarily resident before their admission share joint responsibility for arranging and funding it.