Question to the Department of Health and Social Care:

To ask the Secretary of State for Health, what mechanisms there are to ensure that local authorities and clinical commissioning groups meet their statutory duty to provide free aftercare under Section 117 of the Mental Health Act 1983.

The Mental Health Act 1983 Code of Practice, which provides statutory guidance on the operation of the Mental Health Act is clear that clinical commissioning groups (CCGs) and local authorities are legally required to provide or arrange aftercare for patients who have been detained in hospital for treatment under certain sections of the Act.

CCGs have to provide assurance that they are meeting their statutory duties. Where there are concerns that a CCG is not meeting those duties, NHS England may ask for further information or an explanation from the CCG and take such action as appropriate.

Local authorities are independent bodies accountable to their electorate and have a legal obligation to fulfil a range of statutory duties to provide key services. The Secretary of State for Communities and Local Government can request an inspection under section 10 and intervene under section 15 of the Local Government Act 1999 where there is clear evidence that an authority is failing either to discharge its functions adequately or meet its statutory obligations.