Summary: We will not investigate Mr X’s complaint about this care company. This is because it is a social enterprise charity and therefore falls outside of our remit.

The complaint

1. In short, Mr X complains about the care company not providing a service to him after he made complaints against it. He also complains about the way the safeguarding investigation was handled.

Back to top

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 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. This might include complaints about residential accommodation and personal care provided as a condition of treatment for substance misuse, but we cannot investigate complaints about the treatment or therapy itself. Non-regulated activities include day centre services. We cannot investigate complaints about those services if they have been privately arranged.
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

Back to top

How I considered this complaint

5. I considered information provided by the complainant which includes a complaint response from the care company.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. We will not investigate this as the care company is not a care provider registered with the Care Quality Commission. PSS is a social enterprise charity regulated by the Charity Commission.
8. We could investigate a complaint concerning the safeguarding investigation into Mr X’s complaints about the care company by the local authority. However this is premature, so it is too early for us to consider.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because this care company falls outside of our remit.

Back to top

Investigator's decision on behalf of the Ombudsman