Source · LGO (Local Government & Social Care Ombudsman)

Portsmouth City Council

LGO (Local Government & Social Care Ombudsman) Other Reference 25-013-137 Sector Adult Care Services Category Safeguarding Decided 02 February 2026

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Original decision on the LGO (Local Government & Social Care Ombudsman) website ↗

Full decision

The Ombudsman's final decision

Summary: We cannot investigate Ms X’s complaint about detention under the Mental Health Act. We do not have the power to investigate matters considered in Court.

The complaint

Ms X complains the Council detained her under the Mental Health Act.

The Ombudsman’s role and powers

The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.

We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

How I considered this complaint

I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.

My assessment

The Council obtained a warrant from the Court under the Mental Health Act.

Ms X says the warrant was unlawful and should not have been acted upon.

Final decision

We cannot investigate Ms X’s complaint. We do not have the power to investigate matters considered in Court.

Investigator's decision on behalf of the Ombudsman

View original on LGO (Local Governme… website