Summary: The Ombudsman will not investigate Mr A’s complaint about the condition of his room in a private therapeutic environment. This is because the injustice Mr A alleges is not as a result of the condition of the room. The Ombudsman cannot investigate matters in connection with privately arranged treatment providers. Disputes about whether the terms and conditions of the contract were breached are matters for a court to determine.

The complaint

1. Mr A says his privately arranged treatment provider should reimburse him some of the £4000 he paid for treatment because it did not fulfil the obligations set out in the contract. Mr A says he was always not supervised, his medication was missed, and he was left alone as a vulnerable person, resulting in him relapsing and being asked to leave the facility. In addition, Mr A says his room was filthy there was a leak in the roof, and it was infested with mice.

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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 investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as private treatment providers. (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

4. I considered the information and documentation provided by Mr A and his treatment provider. I sent Mr A a copy of my draft decision for comment.

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What I found

5. Mr A complains about the poor standard of accommodation he received in a privately arranged therapeutic environment. Mr A says his room was filthy, it leaked and was infested with mice. The treatment provider says:

There has been an ongoing problem with a mice infestation at [the accommodation] which I can only express regret for. I have spoken to Housing Liaison, who have shown me a receipt for a Private Pest Control Company who undertook work to address the mouse problem. Whilst I completely appreciate that you found the presence of mice distressing, I view staff as having taken all reasonable possible steps to address this problem. As regards the rooms being filthy, I have checked the Cleaning Rota/Checklist for the external cleaner, as well as a Bedroom Turn Over Form completed by[Housing Liaison] and it would appear that your bedroom was cleaned and made ready for your arrival on 6th June; and that your bedroom and the communal areas of the property were cleaned on 7th June, therefore I am surprised to hear that the rooms were filthy as this should not have been the case. As regards the leak, this was reported to staff on 7th June. [Housing Liaison] reported the leak, that was coming through the kitchenette roof on the second floor, into the downstairs kitchen on the first floor at to the Registered Manager, at 5pm on 7th June 2019.  The Registered Manager attempted to telephone the letting agent at 5.15pm on 7th June 2019, however they were closed for the day. The Registered Manager instructed an Assistant Maintenance volunteer, to temporarily fix (make safe) the leak on the kitchenette roof, on Friday 7th June 2019 at 6pm until the letting agent could arrange for someone to come out to the property on Monday 10th June 2019. 

6. The Ombudsman could not add to this or make a finding on the condition of the room when Mr A entered the facility.
7. In any event, any injustice to Mr A is because he says the provider breached the terms and conditions of the contract by failing to provide him with 24-hour supervision and failing to give him his prescribed medication. The treatment provider disputes this is the case.
8. These are not matters the Ombudsman can investigate. These concerns are in relation to the provision of treatment which is not within the jurisdiction of the Ombudsman to investigate. If Mr A is concerned there has been a breach of the agreements in the contract, he can ask a court to consider whether this is the case and it would be reasonable to do so.

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Final decision

9. The Ombudsman will not investigate this complaint. This is because the injustice Mr A alleges is not as a result of the condition of the room. Disputes about whether the terms and conditions of the contract were breached are matters for a court to determine.

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Investigator's decision on behalf of the Ombudsman