Summary: We will not investigate Mr X’s complaint about the support provided by the Council to his child who was sectioned under the Mental Health Act. The Council upheld part of the complaint and an investigation by us is unlikely to achieve more. An investigation into Mr X’s complaint that an officer fell asleep during a supervised visit is unlikely to achieve any meaningful outcome.

The complaint

1. Mr X complained about the support provided by the Council in relation to his child, Y, who was sectioned under the Mental Health Act. Mr X also complained about the Council’s complaints handling.
2. Mr X said the matter caused him frustration, uncertainty and distress.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

Access to medication

6. Mr X complained a Council officer brought medication onto a secure ward where his daughter was sectioned.
7. In its complaint response, the Council upheld this complaint. It explained it had addressed the matter directly with the officer and accepted this should not have happened.
8. An investigation by the Ombudsman is unlikely to achieve anything else, so we will not investigate this complaint.

Fell asleep during overnight supervision

9. Mr X complained the officer fell asleep during an overnight 1:1 supervision session of Y.
10. In its complaint response the Council said its officer denied this and there was no evidence from third parties to corroborate the allegation.
11. We will not investigate this complaint. We could not say, even on a balance of probabilities, that the worker fell asleep. Consequently, there is no worthwhile outcome achievable and so we will not investigate.

Complaint handling

12. It is not a good use of public resources to investigate complaints about complaint procedures if we decide not to investigate the substantive issue. Consequently, we will not investigate this complaint because the tests in our Assessment Code are not met.

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Final decision

13. We will not investigate Mr X’s complaint because the tests in our Assessment Code are not met.

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Investigator's decision on behalf of the Ombudsman