Summary: Mr X complained the Council was causing unnecessary delays in discharging him from detention under the Mental Health Act 1983 section because it could not find him a suitable place to move to. We discontinued our investigation because progress has now been made and Mr A has withdrawn his complaint.

The complaint

1. Mr X complains about Brighton & Hove City Council (the Council) and NHS West Yorkshire ICB (the ICB). He is currently detained under a section of the Mental Health Act 1983 (the MHA) and is entitled to s117 aftercare when he is discharged.
2. Mr X complains the Council have caused unnecessary delays in finding him a placement which has meant he has been detained under section much longer than needed. Mr X also complains the Council have not kept him updated or explained why there have been long delays.
3. Mr X wants the Council to explain what is happening and find him a placement so he can be discharged from hospital.

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The Ombudsmen’s role and powers

4. The Local Government and Social Care Ombudsman and Health Service Ombudsman have the power to jointly consider complaints about health and social care. (Local Government Act 1974, section 33ZA, as amended, and Health Service Commissioners Act 1993, section 18ZA).
5. We investigate complaints about ‘maladministration’ and ‘service failure’. We use the word ‘fault’ to refer to these. If there has been fault, we consider whether it has caused injustice or hardship (Health Service Commissioners Act 1993, section 3(1) and Local Government Act 1974, sections 26(1) and 26A(1), as amended).
6. If we are satisfied with the actions or proposed actions of the organisations that are the subject of the complaint, we can complete our investigation and issue a decision statement. (Health Service Commissioners Act 1993, section 18ZA and Local Government Act 1974, section 30(1B) and 34H(1), as amended)

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How I considered this complaint

7. I considered evidence provided by Mr X and the Council.

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What I found

8. Mr X was detained under section 37/41 in May 2023.
9. Criminal courts can make a ‘hospital order’ under section 37 of the Mental Health Act 1983 if they think someone needs to go to hospital for treatment instead of prison. In addition, the Crown Court can use section 41 to place restrictions on people if they think they are a risk to the public. This is sometimes known as a ‘restriction order’. Restrictions affect leave of absence, transfer between hospitals, and discharge, all of which require Ministry of Justice permission.
10. Only the Secretary of State for Justice can give permission for a section 37/41 patient to be discharged from hospital. They can grant a conditional or an absolute discharge. A conditional discharge means that the person needs to meet certain conditions in the community. If the person breaks these conditions the Ministry of Justice can recall them to hospital.
11. Anyone who may have a need for community care services is entitled to a social care assessment when they are discharged from hospital to establish what services they might need. Section 117 of the Mental Health Act imposes a duty on health and social services to meet the health/social care needs arising from or related to the person’s mental disorder for patients who have been detained under specific sections of the Mental Health Act (e.g. Section 37/41). Aftercare services provided in relation to the person’s mental disorder under S117 cannot be charged for. This is known as section 117 aftercare.
12. Mr X made a complaint to the Council in May 2025, and the Council responded. Unhappy with its response, Mr X complained to the Ombudsmen in August 2025.
13. We agreed to investigate the complaint as there were indications of fault.
14. Since then, there has been progress and Mr X has contacted the Ombudsmen to say he wants to withdraw his complaint.
15. We therefore discontinue our investigation into his complaint.

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Decision

16. The Ombudsmen discontinue the investigation because Mr X has withdrawn his complaint.

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Investigator's decision on behalf of the Ombudsman