Legislation – Mental Health Act 2025

“(i)

the patient be granted leave of absence;

(ii)

the patient be transferred to another hospital or into guardianship; or

(iii)

the responsible after-care bodies make plans for the provision of after-care services for the patient;”.

“(8)

In this section—

“after-care services” means after-care services provided or arranged under section 117;

“the responsible after-care bodies”, in relation to a patient, means the bodies that will have the duty under section 117 to provide after-care services for the patient.”

“(3A)

In applying subsection (3) for the purpose of determining the local social services authority in relation to a person—

(a)

section 105(6) of the Children Act 1989—

(i)

applies for the purpose of determining the person’s ordinary residence at any time when they were aged under 18, and

(ii)

in its application for that purpose, is to be read as if there were inserted, after paragraph (c)—

“(d)

while the child is being provided with accommodation under section 117 of the Mental Health Act 1983; or

(e)

while the child is being provided with accommodation under any of the following—

• the National Health Service Act 2006;

• the National Health Service (Wales) Act 2006;

• the National Health Service (Scotland) Act 1978;

• the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14));

• the Health and Social Care (Reform) Act (Northern Ireland) 2009; or

(f)

which is referred to in section 194(6) of the Social Services and Well-being (Wales) Act 2014 (anaw‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌ 4).”;

(b)

the following provisions apply for the purpose of determining the person’s ordinary residence at any time when they were aged 18 or over—

(i)

section 39(1) to (6) of, and paragraphs 1(1), 2(1) and (2) and 8 of Schedule 1 to, the Care Act 2014;

(ii)

section 194(1) to (3) of the Social Services and Well-being (Wales) Act 2014 (anaw‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌ 4).”