Summary: We will not investigate this complaint about services provided at a drug and alcohol service. We have no power to consider the complaint as it is not about actions that involve, or are connected to, the provision of adult social care.

The complaint

1. Ms B said she had never been given any effective treatment that has resulted in long term recovery from drug addiction. Ms B said it is a revolving door, and she is constantly back at the drug and alcohol service. Ms B feels let down and is anxious. Ms B wants staff properly trained, to provide 1:1 therapy and suitable signposting.

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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 cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).
4. We can investigate the actions of adult social care providers acting on behalf of a council. 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)

5. ‘Regulated activities’ include giving personal care or other practical support in the place where the person lives. This might include complaints about personal care provided as a condition of treatment for substance misuse, but we cannot investigate complaints about the treatment or therapy itself.
6. 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

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

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My assessment

9. Ms B has no complaint about regulated activities connected with adult social care. Ms B’s complaint is all about the therapeutic services at the drug and alcohol service, which are not administrative functions of the Council.

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Final decision

10. We will not investigate Ms B’s complaint because we have no powers to consider the issues she complains about, as they are not administrative functions on behalf of the Council. The complaint is about therapy services, rather than any action in connection with adult social care regulated activities.

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Investigator's decision on behalf of the Ombudsman