Summary: We will not investigate this complaint the Council unlawfully detained the complainant under the Mental Health Act. That is because there is not enough evidence of fault and further investigation would achieve nothing meaningful.

The complaint

1. Mr X complained the Council unlawfully detained him under the Mental Health Act. He said that led to a deterioration in his mental health. He wants the Council to apologise, accept wrongdoing and pay him compensation.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. We will not investigate Mr X’s complaint the Council unlawfully detained him under the Mental Health Act. The Council’s decision to section Mr X was made jointly by an Approved Mental Health Practitioner and doctor. That decision was based on information from other health professionals and interview with Mr X. The Council confirmed that it followed the required statutory process and legal duties in sectioning Mr X. There is not enough evidence of fault in the steps the Council took before it decided to section Mr X to justify our involvement. Further investigation would not lead to a different outcome.

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Final decision

7. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement and so further investigation would achieve nothing meaningful.

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Investigator's decision on behalf of the Ombudsman