Summary: We cannot investigate Mr X’s complaints about the actions of a Care Provider. This is because the actions complained of are not matters the Ombudsman can investigate as they do not relate to the provision of adult social care.

The complaint

1. Mr X complains the Care Provider failed to provide him with advertised services when he underwent treatment for alcohol addiction. Mr X says:
• The food was not nutritional or locally and organically sourced.
• The gym facilities were not available during his stay.
• There were rodents in the facility.
• He was not provided with aftercare when he left.
2. Mr X says he paid a significant amount of money for services he did not receive and would like this money refunded.

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The Ombudsman’s role and powers

3. We investigate complaints about adult social care providers and decide whether their actions have caused an injustice, or could have caused injustice, to the person making the complaint. I have used the term fault to describe such actions. (Local Government Act 1974, sections 34B and 34C)
4. The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 set out the fundamental standards those registered to provide care services must achieve. The Care Quality Commission (CQC) has issued guidance on how to meet the fundamental standards below which care must never fall.

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How I considered this complaint

5. I considered information provided by the complainant and information about the Care Provider on its website and the CQC’s website.
6. I considered the Ombudsman’s Assessment Code.
7. The complainant has an opportunity to comment on my draft decision.

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My assessment

8. The Care Provider is an adult social care provider for the purposes of our consideration of complaints. This is because the range of activities it provides involves or is connected with the provision of adult social care under the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.
9. However, Mr X did not receive any services which can be defined as adult social care services under those Regulations. Adult social care is defined as personal care or other practical assistance. Personal care is defined as “physical assistance 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 person registered with the Health and Care Professions Council as a chiropodist or podiatrist pursuant to article 5 of the 2001 Order), or
10. Other “practical assistance” is not defined in legislation but we generally interpret this to be assistance connected to some form physical assistance.
11. The services Mr X received were therapeutic services in relation to his alcohol addiction. These are not adult care services as defined in the legislation. Whilst he was provided with food he did not require assistance with this and so this would not be considered personal care or other practical assistance. Similarly the provision of the gym for Mr X was not in relation to any identified adult social care need.
12. Therefore, we cannot investigate Mr X’s complaint it does not relate to the provision of adult social care.

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Final decision

13. We cannot investigate this complaint. This is because the actions complained of are not matters the Ombudsman can investigate.

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Investigator's decision on behalf of the Ombudsman