Summary: We will not investigate Mr X’s complaint about the decision to detain him under Section 2 of the Mental Health Act 1983. This is because Mr X appealed this decision to the First Tier Tribunal (Mental Health). This means we are prevented from investigating this complaint.

The complaint

1. Mr X is complaining about the mental health services provided to him between 2021 and 2022. One central aspect of his complaint relates to the decision to detain him under Section 2 of the Mental Health Act 1983. This process involved an Approved Mental Health Practitioner (AMHP) acting on behalf of London Borough of Wandsworth (the Council).
2. Mr X says this process was not carried out in accordance with the Mental Health Act Code of Practice and failed to consider his other diagnoses and the effect of his medication.
3. Mr X says the sectioning caused him significant psychological trauma and damaged his relationships with friends and family.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

6. In making this decision, I considered information from Mr X and discussed the complaint with him. I also considered information from the Council. In addition, I took account of relevant legislation and guidance.

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What I found

7. Mr X attended hospital in October 2021 as he was experiencing symptoms he felt were linked to his medication. However, clinical staff were concerned by his presentation and arranged for a Mental Health Act Assessment (MHAA). This is an assessment to determine whether a person should be detained under the Mental Health Act 1983 for assessment or treatment.
8. This led to Mr X being detained under Section 2 for assessment.
9. In November 2021, Mr X appealed his detention to the Tribunal. The Tribunal upheld the decision to detain Mr X under Section 2.
10. The Local Government Act 1974 is the legislation that sets out the Local Government and Social Care Ombudsman’s (LGSCO) jurisdiction. Section 26(6)(a) of this Act says we cannot investigate “any action in respect of which the person affected has or had a right of appeal, reference or review to or before a tribunal constituted by or under any enactment”.
11. Section 26(6)(c) does allow us to investigate a matter even if such a right of appeal exists (or existed) if we are satisfied it would not have been reasonable to expect the person to have resorted that right. However, this section does not apply in Mr X’s case. This is because the Tribunal represented the most appropriate way for Mr X to appeal against the sectioning decision. Furthermore, Mr X did make use of this right of appeal.
12. In summary, this means we are prevented from investigating Mr X’s complaint about the decision to section him.

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Final decision

13. We will not investigate Mr X’s complaint about the Council’s role in the decision to detain him under the Mental Health Act 1983. This is because Mr X used his right to appeal this decision to the Tribunal. This means we are prevented from investigating this complaint.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman