Councils can provide a range of services to meet the needs of a person who has a mental illness where this is required to minimise the effects of their condition. These are set out in The Mental Health (Care and Treatment) (Scotland) Act 2003.
A person will be eligible for care and support from the local authority under sections 25-27 of the act if they are not an in-patient in hospital and have either:
A person may qualify for care and support under section 25 if the person is being discharged from hospital or is living in the community and requires care and support to minimise the effects of a mental health condition and enable them to ‘lead lives which are as normal as possible’.
Care and support under section 25 is not classed as a public fund for immigration purposes and can be provided to a person regardless of their immigration status, including a person who is subject to the ‘no recourse to public funds’ (NRPF) condition.
Councils can offer a wide range of services, including:
Accommodation and financial support may be part of a care and support package if necessary to address needs related to a mental health condition.
If a person with no recourse to public funds is being discharged from hospital and is homeless but does not meet the criteria for section 25 support, then adult social care may need to undertake a needs assessment to establish whether accommodation can be provided under section 12 of the Social Work (Scotland) Act 2014. See the Migration Scotland’s information on social services’ support for adults with no recourse to public funds.
