Summary: We cannot investigate Mr X’s complaint about the Care Provider’s decision not to issue a full refund after it decided his son, Mr Y, needed to be discharged immediately, within 24 hours of admission for treatment. The complaint lies outside our jurisdiction because it is not made about actions that involve, or are connected to, the provision of adult social care. We have no discretion to consider it.

The complaint

1. Mr X complains on behalf of his son, Mr Y, about the Care Provider’s decision not to issue a full refund after it decided Mr Y needed to be discharged within 24 hours of his planned 28 day admission for treatment for drug dependency, due to his actions. The family paid almost £8000 in advance and seek a full refund. Mr X says the Care Provider’s reasons for discharging Mr Y were vague and unsubstantiated.

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The Ombudsman’s role and powers

2. 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)
3. Adult social care is defined as personal care and other practical assistance. Personal care is defined as physical assistance given to a person in connection with: eating or drinking, toileting, washing or bathing, dressing, oral care, the care of skin, hair and nails, or the prompting, together with supervision, of a person in relation to the performance of any of the activities listed above where that person is unable to make a decision for themselves.

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered information about the Care Provider on its website and on CQC’s website.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Care Provider is a residential addiction treatment unit for adults which specialises in alcohol and drug rehabilitation.
8. We cannot investigate Mr X’s complaint. It lies outside our jurisdiction and we have no discretion to consider it. This is because the complaint does not relate to the provision of adult social care. Mr Y was admitted for residential detoxification and rehabilitation treatment in relation to his drug misuse. These services are not defined as adult social care. We cannot consider it.

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Final decision

9. We cannot investigate Mr X’s complaint. It lies outside our jurisdiction because it is not made about, or connected to, the provision of adult social care.

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Investigator's decision on behalf of the Ombudsman