Summary: We have no remit to investigate this complaint about the conduct of a resident looked after by the Care Provider. This is because the complaint matters are not linked to personal care support.

The complaint

1. Mr X complains about the conduct of a resident looked after by the Care Provider. Mr X says the resident tried to contact his young child in the street and the Care Provider’s response to his complaint was dismissive and inaccurate.

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The Ombudsman’s role and powers

2. 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.
3. 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)’. (Health and Social Care Act 2008 (Regulated Activities) Regulations 2010)

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How I considered this complaint

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

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Final decision

5. We have no remit to investigate Mr X’s complaint about the Care Provider’s response. This is because it is not linked to the provision of personal care or practical support in the place where the person lives.

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Investigator's decision on behalf of the Ombudsman