Summary: We cannot investigate this complaint about the provision of work/training support. This is because the actions complained about do not relate to the provision of adult social care.

The complaint

1. In summary, Mr Y complains the Care Provider failed to care for his relative (Mr X) properly when providing work and training support.

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The Ombudsman’s role and powers

2. 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. (Local Government Act 1974, sections 34B and 34C)

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How I considered this complaint

3. I considered information provided by the complainant. I also checked with the local Council whether Mr X was receiving adult social care with personal care provision from this Care Provider.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Care Provider is an adult social care provider for the purposes of our consideration of complaints. This is because the whole 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.
6. 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
7. Other “practical assistance” is not defined in legislation but we generally interpret this to be assistance connected to some form of physical assistance.
8. The services Mr X received here were solely in connection with accessing employment/training support. These are not adult care services as defined in the legislation.
9. 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

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

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman