Summary: We will not investigate this complaint about the actions of Mr X’s Care Provider. This is because the actions complained of do not relate to providing adult social care, so we do not have the legal power to investigate.

The complaint

1. Mr X complains that the Care Provider did not meet his dietary needs, and he experienced racism while staying there.
2. Mr X says this has caused him emotional distress.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The law says we can investigate a matter “which relates to action taken by an adult social care provider in connection with the provision of adult social care.” (Local Government Act 1974 as amended, sections 34A and 34B)

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How I considered this complaint

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

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My assessment

7. Mr X stayed in a residential facility that provides treatment for certain types of disease, disorder, injury and substance abuse. During his stay, he received meals that he says did not meet his dietary need.
8. As explained above, we can only investigate actions connected with adult social care. Adult social care is defined as personal care or other practical assistance. Personal care, insofar as it relates to the matters complained of, is defined as “physical assistance in connection with eating or drinking (including the maintenance of established parenteral nutrition).” The law does not define “practical assistance.” We interpret it as assistance involving some form of physical help.
9. The Care Provider, in providing treatment for the conditions described above, is not an adult social care provider. I have not seen any suggestion Mr X required physical help with eating and drinking. Rather the Care Provider provided food as part of the residential service incidental to Mr X receiving treatment. The food did not relate to adult social care as legally defined.

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Final decision

10. We cannot investigate Mr X’s complaint because the services he received from the provider do not meet the legal definition of adult social care.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman