Summary: We will not investigate Miss X’s complaint about the Council not providing her with direct payments, under section 117 of the Mental Health Act 1983, to enable her to buy herbal supplements/remedies. This is because there is insufficient evidence of fault.

The complaint

1. Miss X is eligible for section 117 aftercare under the Mental Health Act 1983. She complains the Council will not provide her with direct payments to enable her to buy herbal supplements/remedies.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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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. Miss X is eligible for section 117 aftercare under the Mental Health Act 1983. Section 117 aftercare can cover services intended to meet a need that arises from, or relates to, the individual’s mental health problem, and can help reduce the risk of the mental health condition getting worse.
7. During its complaint investigation, the Council said section 117 aftercare does not cover herbal supplements. However, did not explain why.
8. I asked the Council to explain how it had considered Miss X’s request for funding, particularly because Miss X had linked the need for herbal supplements to her mental health.
9. The Council explained:
• there had been no formal assessment that confirms Miss X’s weight gain leads to her hearing voices that are detrimental to her.
• Miss X had no evidence to support that diet or herbal supplements are to meet an assessed need that arises from her mental disorder, or that it would reduce her chance of being readmitted for treatment.
• Weight gain is a physical issue.
• There was no scientific or medical evidence to support that herbal supplements would be successful in supporting Miss X manage her weight.
• The suggested herbal treatments have not been tested to ensure they work, are safe, and are manufactured to a high standard.
10. I also asked the Council to explain whether it had considered referring the matter to the Integrated Care Board (ICB)/Health Trust. The Council explained it did not make any formal referral because the ICB would only fund alternative treatments where there is evidence, they are effective.
11. An investigation is not proportionate as we are not likely to find fault. This is because the Council has properly considered Miss X’s request and has a clear rationale for why it will not provide funding for the requested herbal supplements. We cannot find fault with the decision itself if the Council has properly considered the issue.

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Final decision

12. We will not investigate Miss X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman