Although the statutory duty of Section 117 is triggered when the patient “ceases to be detained and (whether or not immediately after so ceasing) leaves hospital.
(Section 117(1)), Section 117 assessments should commence on the day of admission. The Mental Health Act Code of Practice states that:
Although the duty to provide after-care sevices begins when a person leaves hospital, the planning of after-care needs to start as soon as the patient is admitted to hospital. CCGs (ICBs) and local authorities should take reasonable steps, in consultation with the care programme approach care co-ordinator and other memebers of te multi-disciplinary team to identify appropriate after-care services for patients in good time for their eventual discharge from hospital or prison."(CoP 33.10)
A Section 117 assessment should be coproduced with the person and their carer, family and or representative and a range of professionals. The purpose of the assessment is to (Eligibility Criteria Section 117 (6) Mental Health Act):
- identify what needs the person has either arising from or related to the persons mental disorder. This includes any type of mental disorder the person suffers from, not just the one which caused their detention (for example, if a person develops dementia following discharge, the need arising from or related to dementia would also be included under Section 117).
- consider after care interventions, services or support to reduce the risk of a deterioration of the person’s mental condition (and accordingly, reducing the risk of the person requiring admission to a hospital again for treatment for mental disorder).
With regards to Section 117 there is a positive objective to prevent deterioration, not just to prevent readmission due to a particular disorder.
[Note: Councils cannot fund health services and will focus on social care needs including those needs which, while not falling within Section 117 (6) may fall within the scope of the Care Act, for example, physical disabilities.]
Section 117 and mental capacity
Section 117 After Care assessments should take account of the person’s mental capacity to engage in them. If a person lacks the capacity to consent to treatment, accommodation, and so on, decisions about their after care should be based upon their best interests in accordance with the Mental Capacity Act (2005), taking account of their preferences, views of carers, less restrictive options, and so on. Note: they do not have to give consent to the after care package, it is not what they want but what they need.
Section 117 after care assessments and advocacy
Those whose Section 117 after care needs are being assessed while they are detained in hospital and those on a community treatment order have a legal right to an independent mental health advocate (IMHA). Assessors may need to involve an independent mental capacity advocate (IMCA) if long-term placement decisions are being made and the person lacks the capacity to make such decisions and where there is no person to consult on best interests (see Mental Capacity Act 2005).
Frameworks to support excellence in discharge planning
Acute inpatient mental health care for adults and older adults
The acute inpatient mental health care for adults and older adults published in July 2023 and updated in October 2023 provides a range of focused activities that should be completed within 72 hours of admission to reduce the time a person spends in hospital. This should include the completion of a holistic assessment, ensuring strength-based care planning is in place (this includes Section 117 assessments).
Red and green days
Red and green days is a framework that has been developed to ensure that no days are wasted whilst a person is in hospital. It is based on introducing daily multi-disciplinary meetings which focus on the person’s care plans, making sure the right interventions (for example, therapy, medication reviews and so on) are being enacted to move their care on every day (green days) rather than wasted days in hospital waiting for interventions (red days).
Discharge to assess
Discharge to assess (D2A) is a hospital discharge approach designed to ensure that long term assessments of need take place in the most appropriate environment, ideally the persons own home. It improves the efficiency and effectiveness of hospital discharge processes for patients who no longer require acute care but still need ongoing assessment and support. While initially developed with a focus on discharge from acute hospital settings, the principles and approach are equally applicable to mental health settings (noting that if applicable, Section 117 assessments and wellness, recovery, action plans (WRAP) should be completed prior to discharge and must specify D2A outcomes.)
Section 117 assessments and wellness recovery action plans must be completed prior to discharge. Depending on local arrangements Care Act Assessments or Continuing Health Care assessments can be done through a discharge to assess arrangement if appropriate. The timescales and arrangements for these assessments must be set out in the plan.
At its core, D2A enables a person to be discharged from hospital as soon as they are medically fit to leave, with their assessments and ongoing care needs being determined in a more suitable environment, typically their own homes or a community setting.
Discharge to assess services are provided free at the point of delivery and can be delivered in a person’s home or in a bed-based setting. They are designed to be short term and should be focused on rehabilitation, reablement or enablement, and recovery. The rationale is that this enables a more accurate assessment of any ongoing care and support needs in their usual living environment, while freeing up hospital beds for patients who need acute care.
Where D2A is enacted, follow up and assessments should be carried out with the person by the community mental health team in collaboration with the council mental health social care team (if not an integrated system) at the earliest opportunity and within a maximum of 72 hours of discharge, to ensure the right discharge support is in place.
Mental health recovery model
The mental health recovery model is a holistic, person-centred approach to mental health care that focuses on empowering individuals with mental health conditions to lead meaningful and satisfying lives. It emphasises recovery as a personal journey rather than merely the alleviation of symptoms.
The mental health recovery model represents a shift from traditional, deficit-based approaches to one that emphasises hope, empowerment, and the potential for individuals to lead fulfilling lives despite the challenges of mental health conditions.
The key focus of the model is to:
- building resilience to cope with the challenges of mental illness.
- validating personal experience
- improving quality of life
- cultivating strategies and ensuring access to support for when challenges do arise and always aiming to do ‘with’ people rather than ‘to’ or ‘for’ people.
- focusing on what people can do rather than what they cannot do
- supporting people to develop skills to help themselves stay well
- working with the whole person and not just their diagnosis.
Wellness Recovery Action Plan (WRAP)
WRAPs are a tool that can aid a person’s recovery by providing a framework to monitor wellness, times of being less well and times when experiences may be uncomfortable and distressing. When developed with the person it will detail how they would like others to support them at these various times.
There are five key concepts that are at the core of WRAP:
- hope: the belief that we can get well, stay well, and go on to fulfil our dreams and goals.
- personal responsibility: It is up to each of us to act and do what needs to be done to stay well.
- education: learning all we can about what we are experiencing helps us make good decisions about all parts of our lives.
- self-advocacy: reaching out to others and expressing our needs helps us get what we need, want, and deserve to support our wellness and recovery.
- support: receiving support from others, and giving support, will help us feel better and enhance our quality of life.
Local systems may develop different styles of WRAP; however, they would normally cover: things that keep me well; things that I find stressful; early warning signs; becoming unwell; crisis plan; post crisis plan.