Summary: We have no remit to investigate Mr X’s concerns about Barchester’s property management in an assisted living community. This is because there is no information to indicate the complaint matters relate to the provision of personal care.

The complaint

1. Mr X complains on behalf of a relative, Mrs Y, about Barchester’s management of vacant properties at an assisted living location.
2. Mr X complains about Barchester’s decision not to resell or lease the bungalows as people leave. Mr X says this has left Mrs Y feeling isolated by the lack of a community. Mr X is also concerned that Mrs Y’s property may have depreciated in value.

Back to top

The Ombudsman’s role and powers

3. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. We can investigate complaints about actions by adult social care providers that can be regulated by the Care Quality Commission (CQC). Such activities include giving personal care or other practical support in the place where the person lives.
5. 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)

Back to top

How I considered this complaint

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

My assessment

8. Mrs Y lives in a self-contained bungalow - that she owns - within a community of other self- contained units. Mr X is concerned with Barchester not selling on or leasing the vacant units.
9. I note that Barchester has advised Mr X the CQC has de -registered the site for the provision of domiciliary care but there are no current plans to relay to him.
10. I also note there is no information in Mr X’s complaint that links this complaint to the provision of personal care.
11. 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.
12. As Mr. X’s complaint appears to relate to Barchester’s property management only, we have no remit to investigate.

Back to top

Final decision

13. We will not investigate Mr X’s complaint because it does relate to the provision of personal care.

Back to top

Investigator's decision on behalf of the Ombudsman