Summary: We cannot investigate this complaint about the Provider discharging Ms B early from a treatment service. 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. Mr B says the Provider admitted his wife, Ms B, for mental health treatment after a telephone assessment. Mr B says this assessment should have been completed by a medical professional but was not. Mr B paid for a 28-day treatment programme, but after a few days the Provider asked Ms B to leave because of her behaviour. Ms B was only there around 5 days, but the Provider does not give refunds.

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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)

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How I considered this complaint

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

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My assessment

8. The Provider offers treatment for conditions including addictions, stress, anxiety and depression. Ms B went to stay at the facility for support after a decline in her mental health following an accident causing her significant physical trauma and brain injury. The Provider said her general behaviour deteriorated, so it asked her to leave and refused to refund the fees Mr B had paid.
9. The actions Mr B complains about neither involve nor are connected to the provision of adult social care as defined in law.
10. The complaint is about how the Provider assessed Ms B for admission and about the Provider’s allegation that Ms B breached her contract. Mr B said in his complaint “had a full and proper medical assessment by a qualified clinician been carried out prior to admission, Bayberry would have realised [Ms B’s] conditions meant she was not at all suitable for their "Treatment".”

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Final decision

11. We cannot investigate Mr B’s complaint because it is not about the provision of adult social care as defined by law and we have no legal power to do so.

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Investigator's decision on behalf of the Ombudsman