Leaving hospital after a period of detention is a huge step. For many people, the support that follows comes through Section 117 aftercare, free care and support designed to help them rebuild their lives in the community. But one part of the journey that almost nobody explains properly is what happens when that aftercare comes to an end.
This guide breaks down the transition from funding reviews and care reassessments to tenancy questions and relapse risks that can come with stepping down. If you or someone you care about is approaching this point, understanding your rights makes a worthwhile difference.
What is Section 117 aftercare?
Section 117 of the Mental Health Act 1983 gives some people the right to free help and support after they leave hospital. It applies to people who have been detained for treatment under sections 3, 37, 45A, 47 or 48; not those discharged from a section 2 or who stayed as voluntary patients.
The law says aftercare services are there to meet a need that arises from your mental health condition and to reduce the risk of your condition getting worse and you having to return to hospital. In practice this can include healthcare, social care, employment support, supported accommodation and services that meet your social, cultural and spiritual needs.
Crucially, two bodies share the duty to provide it: the Integrated Care Board (ICB) for the NHS side and your local authority for the social care side. They cannot charge you for genuine Section 117 services.
When does Section 117 aftercare actually end?
There is no fixed time limit on Section 117 aftercare. It is not a 6-month package or a 1-year package. It lasts as long as you still have a need that relates to your mental health. Aftercare can only end when both the ICB and the local authority are jointly satisfied that you no longer need those services. They cannot make this decision alone, and they cannot end it for the wrong reasons. Guidance is clear that aftercare should not be withdrawn simply because:
- you have been discharged from specialist mental health services
- an arbitrary period of time has passed
- you have returned to hospital as a voluntary patient or under section 2
- you are no longer on a Community Treatment Order
Even if you are settled and doing well, aftercare may continue precisely to keep you well and prevent relapse. Doing well is not, on its own, a reason to remove support.
The reassessment nobody explains
Before your aftercare can end, the law requires a proper reassessment of your needs. Your support cannot simply be switched off. Good practice guidance from the Local Government and Social Care Ombudsman and the Parliamentary and Health Service Ombudsman suggests your Section 117 eligibility should be reviewed within six weeks of leaving hospital, then at least once a year, or sooner if your circumstances change. A decision to end aftercare must follow a lawful multi-disciplinary reassessment that concludes you no longer require any Section 117 services.
You also have the right to be fully involved in that decision. So should any carer or advocate who supports you, where appropriate. The decision-makers must be able to give you clear reasons for ending your aftercare; a vague “you seem fine now” does not meet the legal test. If your aftercare is withdrawn and your mental health then starts to deteriorate, the services should be put back in place to stop your condition worsening.
Funding reviews and the “who pays” problem
A lot of the anxiety around ending aftercare actually comes down to money, specifically, disputes between different councils and ICBs about who is responsible for funding it.
These disagreements are common and well documented. The Supreme Court ruling in R (Worcestershire County Council) v Secretary of State for Health and Social Care in 2023 clarified that responsibility usually rests with the council and ICB for the area where you were ordinarily resident immediately before your most recent qualifying detention. If you are detained again under section 3, the original duty ends and a fresh duty arises when you are next discharged.
The important thing for you to know is that these arguments are between organisations, and they should never delay or interrupt your care. The Mental Health Act 2025 has begun to reform parts of this framework, including how “ordinary residence” is determined, but the core Section 117 duty itself continues unchanged. For now, your rights have not changed.
Tenancy confusion in supported living
If your aftercare has included supported accommodation, the end of that placement raises practical questions that are easy to overlook. Will you move on to more independent accommodation? Do you have a tenancy in your own name, and what are its terms? What happens to your support hours if you move?
Ending Section 117 funding does not automatically mean losing your home, and a change of accommodation should never be rushed through without planning. Housing choices on discharge should be explored and respected. If you are unsure where you stand, ask your care coordinator to set out in writing which parts of your support are funded under Section 117 and which are not, and what any move would mean for your tenancy. Getting this clarity early prevents surprises later.
Relapse risks during step-down
Stepping down – from hospital to supported living, or from supported living towards independence – is a vulnerable time, and the evidence bears this out. A large national study of more than 231,000 people discharged from acute mental healthcare in England found that around 21% were readmitted within six months, with a median time to readmission of just 34 days. In other words, relapse and readmission are common and they tend to happen early.
This is exactly why a sudden withdrawal of support can be so risky, and why structured, well-paced step-down matters. Discharging someone without the right support in place leaves them far more exposed to relapse and a return to hospital. A planned transition does the opposite. It gives people time to adjust and stay connected to their community mental health team.
At Northern Healthcare, our model is built around exactly this kind of staged, clinically informed step-down. Our Discharge to Assess service provides 24-hour on-site support in temporary supported accommodation, keeping people within reach of their local mental health team while they regain confidence and independence at a safe pace. The aim is always a smooth, supported move towards more independent living, not a cliff edge.
What to do if you think aftercare is ending too soon
If you are worried that your Section 117 aftercare is being withdrawn without a proper reassessment, or for the wrong reasons, you have options:
- Speak to your care coordinator first. They are your main point of contact and may be able to resolve the issue quickly.
- Use the complaints process. Health-related concerns can go to the Parliamentary and Health Service Ombudsman; social care concerns to the Local Government and Social Care Ombudsman.
- Seek legal advice. In some cases a judicial review may be appropriate, though there is a strict three-month time limit, so act quickly and consider speaking to a solicitor.
The end of a Section 117 aftercare placement should never feel like a door slamming shut. By law it is a careful, joint decision based on a proper reassessment of your needs, one you should be fully part of. Aftercare lasts as long as the need lasts, funding disputes are not your problem to solve, and a good step-down protects you against the very real risk of early relapse.
If you are approaching this stage and feel unsure about what comes next, ask questions, get things in writing and lean on the people whose job it is to support you. Knowing your rights is the first step to a confident, well-supported move forward.
Resources
Explaining your rights to section 117 aftercare | Mind
The Supreme Court on local authority responsibility for s.117 aftercare services
Discharge from mental health inpatient settings – GOV.UK
A framework for achieving excellence in mental health discharge | Local Government Association



