Summary: We cannot investigate Miss X’s complaints about the actions of a Care Provider. This is because the actions complained of do not relate to the provision of adult social care.

The complaint

1. In summary, Miss X complains the Care Provider failed to respond properly to her complaint about receiving abuse from their employee.

Back to top

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. I have used the term fault to describe such actions. (Local Government Act 1974, sections 34B and 34C)
3. The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 set out the fundamental standards those registered to provide care services must achieve. The Care Quality Commission (CQC) has issued guidance on how to meet the fundamental standards below which care must never fall.

Back to top

How I considered this complaint

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

Back to top

My assessment

6. The Care Provider is an adult social care provider for the purposes of our consideration of complaints. This is because the 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.
7. However, Miss 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
8. Other “practical assistance” is not defined in legislation, but we generally interpret this to be assistance connected to some form of physical assistance.
9. Therefore, we cannot investigate Miss X’s complaint as it does not relate to the provision of adult social care.

Back to top

Final decision

10. We cannot investigate this complaint. This is because the actions complained of are not in connection with adult social care.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman