Summary: We cannot investigate this complaint about the Care Provider. That is because the complainant did not receive adult social care.

The complaint

1. Mr X’s complaint is against a Care Provider that provides rehabilitation services for substance addiction. He said the Care Provider did not ensure two staff members were present when it gave him controlled drugs. He said that goes against its policy. He wants it to refund his fees.

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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. 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.

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How I considered this complaint

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

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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, Mr 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 to meet identified care needs. 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 physical assistance.
9. The services Mr X received were therapeutic services in relation to his addiction. These are not adult care services as defined in the legislation. Therefore, we cannot investigate Mr X’s complaint as it does not relate to the provision of adult social care.

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Final decision

10. We cannot investigate Mr X’s complaint because it does not relate to the provision of adult social care.

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Investigator's decision on behalf of the Ombudsman