Summary: We cannot investigate this complaint about the actions of Mr B’s Treatment Provider. This is because complaints about treatment provision are not within the jurisdiction of the Ombudsman.

The complaint

1. Mr B complained his Treatment Provider did not protect him from abuse he suffered by another service user. Mr B says he was treated unfairly and removed from the group. Mr B says he was subject to racist abuse, degradation, and assaults. In addition, Mr B says his food was not properly cooked. Mr B wants the Treatment Provider to look at evidence he received from making a Subject Access Request, accept their mistake and make sure this closed culture of abuse does not happen again. Mr B wants a refund of the money he paid for his treatment.

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The Ombudsman’s role and powers

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

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How I considered this complaint

3. I considered information provided by the complainant and the Care Provider.
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. We have no power to investigate therapeutic treatment, what happened during the course of the treatment or the provider’s decision to remove Mr B from the placement.
7. We have no jurisdiction in respect of meal provision, and even if we had, there is no significant injustice from this point to warrant us investigating.

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Final decision

8. We cannot investigate Mr B’s complaint because it is not within our jurisdiction.

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Investigator's decision on behalf of the Ombudsman