Summary: We will not investigate this complaint about We Do Recover. This is because the function complained about falls outside of our jurisdiction.

The complaint

1. Mrs B complained about the poor quality of the treatment her son, Mr C received from We Do Recover a treatment provider. Mrs B says Mr C signed the agreement whilst under the influence of alcohol and drugs and although they, his parents, paid £6950 for him to undertake the programme We Do Recover did not return calls as promised or provide them with a copy of the terms and conditions. Mrs B says Mr C felt his mental health was not being addressed by the provider and he had to leave after a week after entering the programme. Mrs B says Mr C was told he would have 1:1 sessions because he could not cope in groups. Mrs C accepts she paid a non-refundable deposit but says We Do Recover should reimburse her the rest of the money paid for treatment Mr C did not receive.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
6. Some elements of drug or alcohol treatment centres are within our jurisdiction. If the company is providing adult social care services which are registrable with the Care Quality Commission, then those aspects of the service are in our jurisdiction to investigate.
7. However, Mrs B’s complaint is about the contract for and provision of treatment services which falls outside of our role under part 3a of the Local Government Act which is limited to investigating actions in connection with the provision of adult social care services as defined in law.

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Final decision

8. We will not investigate Mrs B’s complaint because the function complained about is not within our jurisdiction.

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Investigator's decision on behalf of the Ombudsman