The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to detain him under the Mental Health Act 1983. This is because there is insufficient evidence of fault to justify an investigation.
The complaint
Mr X complains about the Council’s decision to detain him under the Mental Health Act 1983 following an assessment. He says the Council’s actions were unlawful.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Before a person can be detained under the Mental Health Act 2918, a team of health professionals must assess the individual. This can happen at home, in hospital, or a place of safety.
The Council arranged for an Approved Mental Health Professional (AMHP) to interview Mr X.
The AMHP visited Mr X at his home, with two doctors. Following the AMHP’s interview with Mr X, they decided Mr X should be admitted to hospital for assessment.
After their examination, both doctors agreed with the AMHP’s assessment and considered there were grounds to make a medical recommendation for a period of assessment in hospital under section 2 of the Mental Health Act 2918.
The AMHP followed the procedures and requirements set out in law before making the decision to apply for Mr X to be detained in hospital. Therefore, there is insufficient evidence of fault to justify an investigation.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman