Summary: We will not investigate Ms X’s complaint about a Mental Health Act Assessment undertaken by Cambridgeshire County Council and Cambridgeshire and Peterborough NHS Foundation Trust. This is because Ms X became aware of the matters she is complaining about more than 12 months before she approached us and her complaint is now late.

The complaint

1. The complainant, Ms X, is complaining about the care and treatment provided to her by Cambridgeshire County Council (the Council) and Cambridgeshire and Peterborough NHS Foundation Trust (the Trust).
2. Ms X is complaining about the events leading up to a Mental Health Act Assessment undertaken in April 2023, the handling of that assessment, and the decision to treat her with medication against her wishes.
3. Ms X says these events were traumatic for her and caused her significant distress.

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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 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 an organisation has done. (Local Government Act 1974, sections 26B and 34D, as amended, and Health Service Commissioners Act 1993, section 9(4).)

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How I considered this complaint

6. I considered evidence provided by Ms X and discussed the complaint with her. I also considered information from the Council and Trust. In addition, I had regard for relevant law, policy and guidance.

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What I found

7. In April 2023, Ms X was assessed under the Mental Health Act 1983 (the Act). The assessment concluded Ms X should be detained under Section 2 of the Act to allow for further assessment and a treatment plan to be developed.
8. Ms X’s responsible clinician subsequently discharged her in May 2023.
9. Ms X complained to the Trust about her treatment in April 2025 and received a response in August 2025.
10. Ms X approached the Ombudsmen in March 2026. This was just short of three years after the events she is complaining about occurred.
11. In bringing her complaint to the Ombudsmen, Ms X said she had not become fully aware of the issues that form the basis of her complaint until December 2024, by which point she had received a response to a Subject Access Request (SAR). Ms X said this gave her an opportunity to scrutinise the clinical records relating to the events she is complaining about.
12. In addition, Ms X said she found the events she is complaining about extremely traumatic and that this trauma continues to affect her. Ms X said she did not want to become involved in an adversarial process and initially decided against complaining when she returned to her home country. Further, Ms X said her father become unwell during this period and that her attention was focused with him. Ms X added that the complaints process was made harder for her as she could not access advocacy support because she does not live in the United Kingdom.
13. I accept Ms X did not become aware of the full detail of the events she is complaining about until she received the SAR response. However, the evidence shows Ms X was dissatisfied with the Mental Health Act Assessment process and the decision to treat her with forced medication at the time of those events in April 2023. There was nothing to prevent her complaining about those matters at that time, or shortly afterwards. The complaint is late, therefore.
14. I have also considered whether there are good reasons to look at the complaint now, even though it is late. I note the impact of these events on Ms X and appreciate her initial reluctance to complain. It is also entirely understandable that Ms X wanted to prioritise her father’s care when he was unwell.
15. Nevertheless, almost three years passed between the events Ms X is complaining about occurring and her approaching the Ombudsmen. In my view, the mitigating factors she has provided do not adequately explain such a significant delay.
16. The evidence shows Ms X was aware of the key issues that form the basis of her complaint in 2023, even if she did not know all the details. Taking everything into account, I consider there was nothing to prevent Ms X from approaching us sooner than she did. We will not look at her complaint at this late stage, therefore.

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Decision

17. We will not investigate Ms X’s complaint as it is late and there are no good reasons to look at it so long after the events complained about occurred.

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Investigator's decision on behalf of the Ombudsman