Summary: We cannot investigate this complaint about noise and disturbance from a Care Home. This is because the actions complained about do not relate to the provision of adult social care.

The complaint

1. In summary, Mr Y complains a Care Home nearby represents a disturbance to his family. Some of his concerns detail residents shouting and swearing all day plus staff playing music at night. Mr X says he and his family feel like prisoners in their own home and cannot open their window or enjoy their outside space.

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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. (Local Government Act 1974, sections 34B and 34C)

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How I considered this complaint

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

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My assessment

5. 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.
6. I have checked the website of the Care Quality Commission. The facility that Mr X complains about is not a Care Home regulated by the CQC so this complaint is outside jurisdiction. It appears to be a supported living establishment.
7. We cannot investigate Mr X’s complaint it does not relate to the provision of adult social care.

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Investigator's decision on behalf of the Ombudsman