Summary: We cannot investigate Ms X’s complaint about detention under the Mental Health Act. We do not have the power to investigate matters considered in Court.

The complaint

1. Ms X complains the Council detained her under the Mental Health Act.

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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)

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How I considered this complaint

4. I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council obtained a warrant from the Court under the Mental Health Act.
6. Ms X says the warrant was unlawful and should not have been acted upon.

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Final decision

7. We cannot investigate Ms X’s complaint. We do not have the power to investigate matters considered in Court.

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Investigator's decision on behalf of the Ombudsman