Forum Home → Discussion → Other areas of social welfare law → Thread
Will refusal of S117 funding preclude funding in the future
Hi,
I have a client that was sectioned and is due to be discharged in the next few weeks. He qualifies for S117 funding but the relevant parties feel he would benefit from a direct placement that will be privately funded. This will ensure he gets the best rehabilitation treatment available. So my question is, if they turn down the funding on this occasion to go private, will it affect his entitlement to future funding?
I haven’t come across this scenario before and my owns thoughts are that just because he refuses treatment at one point, he shouldn’t be precluded from receiving it in the future. Any thoughts would be greatly appreciated.
Hi JMW
The threshold of when a S117 duty ends is quite nebulous and I’ve seen it interpreted differently by different authorities.
The only bright line is if he’s under a CTO (and bear in mind if he’s compliant that’s unlikely to last long, “least restrictive” and all that) he will certainly continue to qualify.
You might get better guidance if you can lay your hands on an up to date copy of Jones. Someone on here might have access to the ebook they could lend you.
Thanks Dan. He was detained under section 3 and I can’t find anything that says the decision to choose private funding over S117 in the short-term would affect his entitlement going forward.
Is it an option to accept 117 funding as a direct payment and top it up to the cost of the care desired? Reduces costs and will help retain 117 funding long term.
I will say it is VERY different across authorities, some will say a section 3 means lifetime 117 funding, some will say ‘care is not related to section, therefore not S117’, or any break in the care makes it not aftercare so charged under usual rules. As with everything at local authorities, every area is different!
This via Essex Chambers might be useful if not already seen .