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(1) This section applies to persons who are detained under section 3 above, or admitted to a hospital in pursuance of a hospital order made under section 37 above, or transferred to a hospital in pursuance of a hospital direction made under section 45A above or a transfer direction made under section 47 or 48 above, and then cease to be detained and (whether or not immediately after so ceasing) leave hospital.
(2) It shall be the duty of the integrated care board or Local Health Board and of the local social services authority to provide or arrange for the provision of, in co-operation with relevant voluntary agencies, after-care services for any person to whom this section applies until such time as the integrated care board or Local Health Board and the local social services authority are satisfied that the person concerned is no longer in need of such services; but they shall not be so satisfied in the case of a community patient while he remains such a patient.
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If you have been sectioned (detained for treatment in a psychiatric hospital), any mental health aftercare you may need when you leave hospital should be provided free of charge.
This aftercare is given to try to prevent your mental health condition from getting worse and to avoid needing to be re-admitted to hospital.
Who is eligible for mental health aftercare?
You have a right to mental health aftercare when you have been:
- compulsorily detained in hospital under section 3 of the Mental Health Act 1983
- sentenced by a criminal court to detention in a psychiatric hospital
- transferred to psychiatric hospital from prison
How to get mental health aftercare
If you're eligible for aftercare, your needs will be assessed before you're discharged from hospital.
You will receive a care plan that sets out the services you will receive.
What does aftercare include?
Aftercare can include almost anything that helps you live in the community, such as:
- help with specialised accommodation
- social care support
- day centre facilities
- recreational activities
The care plan may make arrangements for housing needs, particularly if you are likely to be homeless when you're discharged from hospital or can't return home for some reason.
The accommodation provided may be in supported housing, such as a hostel.
If you need services from a wide range of providers, you should be assessed under the Care Programme Approach and a named person should act as your care co-ordinator.
Ending aftercare
Aftercare may be withdrawn if social services or the relevant healthcare organisation believe you no longer need it. However, the organisations must reassess your needs before reaching that conclusion. They also must provide reasons for their decision.
If you have significant mental health problems, you may be able to argue that you're at risk of needing re-admission to hospital. In such a case, your aftercare will continue.
Even if you're no longer eligible for aftercare, that doesn't necessarily mean it will be withdrawn. A financial assessment will be carried out to decide whether you have to contribute to the costs.
How to complain about mental health aftercare
You or your carer may believe you're being incorrectly charged for aftercare services that should be provided free.
This is a complex area, and it's best to get legal advice if you think it may apply to you or the person you're looking after:
Citizens Advice gives free legal advice – call the helpline on 03444 111 444 or find your nearest Citizens Advice
Age UK may be able to help if you're an older person or caring for an older person – call the helpline on 0800 169 6565
check if you can get free legal aid at GOV.UK
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Support that is provided in your home, or in the community you live in, after you leave hospital. The term is used in relation to mental health to refer to specific support you may receive, free of charge, from a community psychiatric nurse, counselling, therapy, or support with employment, accommodation, family relationships, finances and other things.
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