R (Worcestershire County Council) v Secretary of State for Health and Social Care

Subject Matter

LOCAL GOVERNMENT — Community care services — Discharged mental patient

[2021] EWHC 682 (Admin), QBD

LOCAL GOVERNMENT — Community care services — Discharged mental patient — Patient detained in hospital over two separate periods — Dispute as to which local authority responsible for cost of after-care services — Whether original duty owed by local authority at time of first detention ceasing — Where patient “ordinarily resident” immediately before second detention — Mental Health Act 1983 (c 20), s 117(1)(2)(3) (as amended by Care Act 2014 (c 23), s 75)

[2021] EWCA Civ 1957; [2022] PTSR 833; [2022] WLR(D) 14, CA

LOCAL GOVERNMENT — Community care services — Discharge of patient with mental health condition — Patient compulsorily detained in hospital over two separate periods in different local authority areas — Dispute as to which local authority responsible for provision of after-care services after second discharge — Whether original duty owed by local authority at time of first detention ceasing — Where patient “ordinarily resident” immediately before second detention — Mental Health Act 1983 (c 20), s 117(3) (as amended by Care Act 2014 (c 23), s 75) — Care Act 2014 (c 23), s 39(4)

[2023] UKSC 31; [2023] 1 WLR 2790; [2023] PTSR 1593; [2024] 1 All ER 273; [2023] WLR(D) 354, SC(E)

Appellate History