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Forum Home  →  Discussion  →  Other areas of social welfare law  →  Thread

Will refusal of S117 funding preclude funding in the future

JMW adviser
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JMW Solicitors

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Total Posts: 19

Joined: 28 November 2023

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.

Dan Manville
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Greater Manchester Law Centre

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Total Posts: 510

Joined: 22 January 2020

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.