Summary: We will not investigate this complaint about how Ms X was treated when she was detained in hospital. It is late and some parts of the complaint are out of our jurisdiction.

The complaint

1. Ms X says the Council breached her human rights when she was detained in hospital under the Mental Health Act 1983 in 2016 by being judgemental.
2. Ms X also says she was mistreated in hospital by the nurses and her advance directive was ignored.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the National Health Service. (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

6. I considered information provided by Ms X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X has complained about issues that took place in 2016. Therefore, the complaint is late and there is no good reason for us to investigate it now. Ms X could have complained sooner, and we could not investigate effectively so long after the events.
9. The role of the Ombudsman is to consider the Council’s administrative actions. It is not our role to consider actions by the National Health Service. Therefore, the complaint about what happened in hospital is out of our jurisdiction.

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Final decision

10. We will not investigate Ms X’s complaint because it is late with no good reason to investigate it now, and part of the complaint is out of our jurisdiction.

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Investigator's decision on behalf of the Ombudsman