Guide to the draft Mental Health Bill: after-care services

In this final posting in our blog series on the draft Mental Health Bill, we look at section 117 after-care services and the next steps for the Mental Health Bill.

• ​After-care: the Bill extends the Tribunal’s power to make recommendations in respect of after-care services under section 117 of the Mental Health Act. The Bill provides that the provision of after-care services lasts until the Integrated Care Board and the local authority give joint notice to the individual in respect of withdrawal. The Bill also includes provisions in relation to the determination of ordinary residence.

• Next steps: the Joint Committee of Lords and Commons is due to review and report on the Bill by December 2022, after which further changes may be made before the Bill becomes law. The explanatory notes state that full implementation of the reforms is expected to take approximately ten years, which is mainly due to the time that it will take to train clinical and judicial staff.

You can read our collection of blogs summarising the key provisions of the draft Bill below:

• Detention and community treatment orders 
• Treatment 
• Autonomy and choice 
• Supervised discharge

If your organisation requires advice in respect of your duties under the Mental Health Act 1983, or in relation to the proposed reforms, please do not hesitate to get in touch with our team of experts.