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