We are With You (21 004 163)
Category : Adult care services > Other
Decision : Closed after initial enquiries
Decision date : 11 Aug 2021
The Ombudsman's final decision:
Summary: We cannot investigate a complaint about the wrong medication given to Mr B. This is because we do not have jurisdiction to consider complaints about pharmacists.
The complaint
- Mr B complained he was given wrong medication by a pharmacist in 2019 and is unhappy with the organisation who supported him during this process.
The Ombudsman’s role and powers
- We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as those providing non-residential drug and alcohol services. (Local Government Act 1974, and 34A, as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr B’s complaint is about him being given the wrong medication by a pharmacist and the organisation which supported him.
- An adult social care provider within our jurisdiction is one which carries out ‘regulated activities’ in connection with providing adult social care. The activities include personal care or other practical support provided in the place where the person lives. This might therefore include residential accommodation and personal care provided as a condition of treatment for substance misuse, but not the treatment or therapy itself. Day centre services are not a regulated activity, so we cannot investigate complaints about privately arranged day centre services.
The law defines ‘personal care and other practical support’ as “physical assistance (or prompting and assistance) given to a person in connection with:
eating or drinking (including giving parenteral nutrition),
toileting (including in relation to menstruation),
washing or bathing,
dressing,
oral care, or
the care of skin, hair and nails (except for nail care provided by a chiropodist or podiatrist)”
Health and Social Care Act 2008 (Regulated Activities) Regulations 2010)
Final decision
- We cannot investigate Mr B’s complaint because we cannot investigate complaints about pharmacists.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman