Summary: We cannot investigate this complaint about a drug and alcohol treatment centre. This is because the complaint is not about actions that involve, or are connected to, the provision of adult social care. So, we have no power to investigate the complaint.

The complaint

1. Mr X complained about the care provider’s decision not to issue a refund after it discharged his relative Miss Y after four days of a planned 28 day admission for drug dependency. Mr X paid nearly £9000 so this has impacted him financially. He wants the care provider to apologise and provide him with a refund for the care it did not provide to his relative.

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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. We can investigate the actions of adult social care providers. This is defined as a person who carried on an activity which:
• involves, or is connected with, the provision of adult social care, and
• is a regulated activity within the meaning of Part 1 of the 2008 Act. (Local Government Act 1974, Part 3A)
3. ‘Regulated activities’ include giving personal care or other practical support in the place where the person lives. This might include complaints about residential accommodation and personal care provided as a condition of treatment for substance misuse, but we cannot investigate complaints about the treatment or therapy itself.
4. The law defines ‘personal care and other practical support’ as
1. ‘physical assistance (or prompting and assistance) given to a person in connection with:
• eating or drinking (including the maintenance of established parenteral nutrition,
• toileting (including in relation to the process of menstruation),
• washing or bathing,
• dressing,
• oral care, or
• the care of skin, hair and nails (with the exception of nail care provided by a chiropodist or podiatrist.
1. the prompting, together with supervision, of a person in relation to the performance of any of the activities listed above where that person is unable to make a decision for themselves. (Local Government (Health and Social Care Act 2008 (Regulated Activities) Regulations 2010)

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How I considered this complaint

5. I considered evidence provided by Mr X as well as relevant law, policy and guidance.
6. I gave Mr X and the care provider an opportunity to comment on a draft of this decision. I considered any comments before making a final decision.

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What I found

7. Mr X paid for his relative Miss Y to have a 28 day stay with the care provider for drug and alcohol rehabilitation. It discharged Miss Y after four days as it said she was in breach of contract. Later that same day Mr X took Miss Y to hospital where she was detained under the Mental Health Act 1983 for treatment. Mr X requested a refund as the care provider had withdrawn its services. The care provider refused his request.
8. The actions Mr X complains about do not involve and are not connected with the provision of adult social care as defined by law. They are about the contract terms of the payment and Mr X’s request for a refund as Miss Y did not receive the service he paid for. These are not issues the Ombudsman can investigate. Contractual matters are best resolved by a court.

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Decision

9. We have no power to investigate the issues Mr X complains about.

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Investigator's decision on behalf of the Ombudsman