Summary: The Ombudsman cannot investigate this complaint about the Council’s use of a Section 135 warrant. This is because the complaint is out of our jurisdiction. Most of the matters complained of have been considered in court. Other matters are late, or are more suitable for consideration by another body.

The complaint

1. The complainant, who I refer to here as Mr D, says that the Council:
• Used a Section135 warrant, which Mr D believes was faked or unlawfully obtained, to enter his flat and remove him to a secure hospital where he was detained for 12 days;
• Untruthfully says that he was assessed at his flat by two doctors;
• Enabled the police to damage his flat and furniture through use of the warrant;
• Has not responded to his Freedom of Information requests or his complaints; and
• Has caused him to be unlawfully committed to prison for alleged contempt of court.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
5. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.
6. 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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

7. I have considered the information provided by Mr D and by the Council. I have also sent Mr D a draft decision for his comments.

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What I found

8. Mr D says that the Council entered his flat in October 2018 using a Section 135 warrant which he believes was either fake or unlawfully obtained. He says this led to him being removed to a secure hospital where he was detained for 12 days.
9. We cannot investigate this complaint because the warrant would have been obtained through a court process. If Mr D believes the warrant was not genuine, he would need to take legal action. The Ombudsman is not allowed to consider any matter that has been or should be considered by a court.
10. Mr D further says that the Council untruthfully states that he was assessed at his flat by two doctors.
11. We will not consider this aspect of his complaint as it is made late. The Ombudsman cannot consider matters that were known to the complainant more than 12 months previously, unless there are good reasons to do so. I have found no good reasons in this case.
12. Mr D also says that his flat and furniture were damaged by police officers when his flat was entered.
13. Any complaint about the actions of the police should be made to the Independent Police Complaints Commission as we cannot consider them.
14. Mr D has made complaints to the Council in the form of Freedom of Information (FOI) requests. He says that the Council has not responded properly to them. However, complaints regarding FOI requests should be made to the Information Commissioner’s Office, which is the body set up by parliament to consider them.

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Final decision

15. I cannot investigate this complaint. This is because the complaints made are out of our jurisdiction.

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Investigator's decision on behalf of the Ombudsman