Summary: We will not investigate this complaint about an incident on the Care Provider’s property and how the Care Provider dealt with the matter. 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 B says the Care Provider failed to properly investigate an incident where she was sexually assaulted on its property. Ms B says the Care Provider’s actions and lack of support have caused her distress.

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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.
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 incident between Ms B and a member of the public took place at Richmond Village Letcombe Regis, which is run by Richmond Care Villages Holdings Limited (the Care Provider).
9. The incident was not in connection with the provision of adult social care. So, although the incident happened on the property of a company we could investigate, it is not about an action that we have any powers to investigate.
10. While Ms B is also unhappy about the way the Care Provider dealt with her complaint, the courts have said that where we cannot investigate a complaint about the main or underlying issue, we cannot normally investigate related issues either. (R (on the application of M) v Commissioner for Local Administration in England [2006] EWHC 2847 (Admin)).  So, where the substance of a complaint is not subject to investigation, the Ombudsman does not investigate the Care Provider’s handling of the issue by itself.

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Final decision

11. We will not investigate Ms 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