Summary: We will not investigate Mr X’s complaint about the service provided by PSS. This is because it is not an adult social care provider within our remit.

The complaint

1. Mr X complains about staff being aggressive and threatening to him from 2003 onwards when he attended PSS for support with his mental health.
2. He says his mental health has been affected adversely and he would like a PSS manager to apologise to him for the letters she sent to his GP.

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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 injustice, or could have caused injustice, to the person complaining. I have used the term fault to describe this. (Local Government Act 1974, sections 34B and 34C)

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How I considered this complaint

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

My Assessment

6. We can investigate complaints about actions by adult social care providers that can be regulated by the Care Quality Commission. Such activities include giving personal care or other practical support in the place where the person lives. This might include complaints about residential accommodation and personal care provided as a condition of treatment for substance misuse, but we cannot investigate complaints about the treatment or therapy itself. Non-regulated activities include day center services. We cannot investigate complaints about those services if they have been privately arranged (Health and Social Care Act 2008 (Regulated Activities) Regulations 2010)
7. PSS are not an adult social care provider regulated by the Care Quality Commission. PSS are a social enterprise regulated by the Charity Commission. So, we have no remit to investigate.

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Final decision

8. We will not investigate Mr X’s complaint because PSS are not a body within our jurisdiction.

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Investigator's decision on behalf of the Ombudsman