Section 117 Aftercare Challenge & Appeal

What is Aftercare?

Some people who have been detained in a hospital under the Mental Health Act 1983 can get free help and support after they leave the hospital. You can get free aftercare if you have been detained:

• for treatment under section 3

• under a hospital order under section 37

• following transfer from prison under section 47 or 48

• under a hospital direction under section 45A

The care is paid for by either the NHS, Social Services or both. It can pay for care at home or care in a home, such as moving to a residential care or nursing home. It does not make a difference how much money you have, unlike Community Care under the Care Act 2014, if you have over £23,250 in savings, or own your home, you're still entitled to free aftercare. We can help you understand your rights, what you're entitled to and how to build an appeal and challenge.

Our assessment and appeals process

Stage 1: Full Consultation
‣ A full 90-minute consultation face to face or online with the Director Consultant.
‣ Detailed review of your current aftercare needs under section 117 of the Mental Health Act 1983.
‣ A discussion of your appeal grounds and our opinion on your case strength.

Stage 2: Evidence Gathering and Assessment
‣ Data subject request for information, with a case analysis of up to 1000 pages/10 hours of reading.
‣ An expert report was provided by a qualified Social Work Specialist who is also an AMHP and BIA.
‣ Comprehensive review of health and care records for your mental health.
‣ Your own independent expert consultant director leading your case.
‣ We'll collect all supporting care, health and legal documents.

Stage 3: Pre-Appeal Stage
‣ We shall write to your funding bodies and seek a review of your case. We'll provide our report at this stage to you. The funding authority may accept our pre-appeal claim and award you funds at this stage, in which case, you've won. We only charge our time up to this stage, and this is by the hour. Fees are for guidance only.

Stage 4: Appeal Strategy and Case Preparation
‣ If our pre-appeal fails, we'll issue pre-proceeding and engage in a formal dispute with the authorities.
‣ We can assist with preparing an Ombudsman complaint or link with a solicitor for a judicial review.
‣ A professional appeal letter and supporting evidence of the incorrect decision are filed.
‣ Develop an appeals strategy with our expert.

Stage 5: Advocacy or Representation
‣ Representation as an advocate or expert witness in making the challenge and appeal.

Our Fees

We can offer an assessment, challenge and appeals service for a fixed fee covering stages 1-5. You can opt to pay our hourly rate, which starts at £100 per hour for our associates, £150 per hour for a senior consultant. Please note: our fees exclude any disbursements, such as the subject access request fee, which the NHS or the Local Authority may charge. We are one of the few experts offering this service across England and Wales, and whilst our fees are not the most affordable, we recommend you read 'What should I consider' before instructing us (see below).

Just need advocacy and support? If you only require expert advocacy, our rates start from £250 per hour for those clients who have not used our stage 1-5 service.

How Long Does The Process Take?

This is a fairly new appeals system, so many Councils and Health Authorities take significantly longer to reply, and in some cases, it can take months to get the data we need. We estimate that your claim will take around 6 months before an award is made. We track all our work, and you can view your account on our private client page. You will also be able to make a retrospective claim, and this may take longer.

Our Commitment

At Nova Care Consultants, we're committed to helping individuals and families secure the healthcare funding they're entitled to. With our proven track record in CHC appeals and expert witness services, we provide professional, regulated support throughout your appeal journey.

What Should I Consider?

We suggest that the cost of this service must outweigh the claim being made. We suggest that people who have incorrectly self-funded their own residential or nursing care for more than 12 weeks should consider this service, as you will be entitled to a full refund of your fees, which will be more than our charges. We do not act on a no win, no fee basis. If you want to speak with us, we'll provide a free consultation to help you decide about the following steps to take. You may not need to use our full service if we can work with your NHS funding body and Council to review the case without a whole appeal, which could save you thousands of pounds in unnecessary costs.

Want To Find Out More?

Don't face the appeal process alone. Contact our expert team today:

📞 0333 335 6547
✉️ info@novacare.org.uk

Do you have any questions?