Summary: We will not investigate this complaint about what happened during a mental health assessment for the complainant. This is because we cannot add anything to the Council’s investigation of the complaint or change the outcome.

The complaint

1. The complainant, who I refer to here as Miss T, says that:
• She was unjustly accused of throwing items at a council officer who was assessing her mental health: she says she did throw them, but not at him;
• The officer refused to go into the room to complete the assessment on the following day; and
• The Council did not investigate the officer’s account of events properly.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered the information provided by Miss T, and I have sent her a draft decision for her comments.

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What I found

4. Miss T’s mental health was assessed by an approved mental health assessor. This took place in a hospital room in the presence of two police officers. When the assessor told Miss T that her felt she should be detained under Section 2 of the Mental Health Act 1983, she became distressed. She threw her mobile and a chair in the direction of the wall and the window.
5. The police intervened and the assessor left. The Council says he did not make an application to detain Miss T as there was no bed available.
6. On the following day the assessor returned to complete the application as a place has been found for Miss T. He did not enter the room where Miss T was. He says this is because he did not want to distress or anger her further, but Miss T feels it was because he considered her to be violent and was afraid of her.
7. Miss T has complained about his handling of the incident as she says that he untruthfully accused her of throwing the items at him. She says that this increased her mental distress.
8. The Council’s response says that the assessor accepts that she did not throw the items at him, but that he felt that someone could have been hurt despite her lack of intent to do so.
9. Miss T has now complained to the LGSCO but we will not investigate the complaint. This is because there is nothing that we could add to the Council’s response, and we cannot change the outcome of the events.

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Final decision

10. I will not investigate this complaint. This is because I cannot achieve a worthwhile outcome.

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Investigator's decision on behalf of the Ombudsman