Summary: We cannot investigate this complaint about a drug and alcohol treatment centre. This is because the complaint is not about actions that involve, or are connected to, the provision of adult social care. So, we have no power to investigate the complaint.

The complaint

1. Ms C says We Do Recover CIC (the Provider) took a non-refundable deposit from her while she was vulnerable and under the influence. The Provider is a drug and alcohol treatment centre. Ms C says after it took the deposit it then said she had to wait a week to enter the treatment centre. Ms C says the Provider prescribed medication without a medical licence and did not deliver the service it advertises on its website. Ms C felt unsafe and says she did not get the treatment and aftercare she paid for. Ms C wants the Provider to refund what she paid.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We can investigate the actions of adult social care providers. This is defined as “a person who carried on an activity which:

• Involves, or is connected with, the provision of adult social care, and
• Is a regulated activity within the meaning of Part 1 of the 2008 Act.”

(Local Government Act 1974, Part 3A)

4. ‘Regulated 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.
5. The law defines ‘personal care and other practical support’ as ‘physical assistance (or prompting and assistance) given to a person in connection with:

• eating or drinking (including giving nutrition other than by mouth or alimentary canal);
• toileting (including in relation to menstruation);
• washing or bathing;
• dressing;
• oral care; or
• the care of skin, hair and nails (except for nail care provided by a chiropodist or podiatrist)’.

(Local Government (Health and Social Care Act 2008 (Regulated Activities) Regulations 2010)

6. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, section 34B(8), as amended)

Back to top

How I considered this complaint

7. I considered information provided by the complainant.
8. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

9. The actions Ms C complains about do not involve nor are connected to the provision of adult social care as defined in law.
10. They are about the contract terms of the deposit payment and start date, and the therapeutic and medical treatments and aftercare. These are not issues the Ombudsman can investigate. Ms C wants a refund because she says she did not get the service she paid for. These are matters more properly for a court to decide.

Back to top

Final decision

11. We cannot investigate Ms C’s complaint because we have no legal power to do so.

Back to top

Investigator's decision on behalf of the Ombudsman