Summary: We cannot investigate Ms X’s complaint about the actions of the Care Provider’s employee. The complaint lies outside our jurisdiction because it is not about actions that involve, or are connected to, the provision of adult social care.

The complaint

1. The complainant, Ms X, complains about the actions of a member of staff at the Care Provider’s clinic. The clinic provides residential rehabilitation and detoxification for adults who need treatment for substance abuse and associated problems relating to alcohol or drug dependency.

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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. We cannot investigate Ms X’s complaint. It lies outside our jurisdiction and we have no discretion to consider it. This is because it does not relate to the provision of adult social care. Ms X did not receive services which can be defined as adult social care. The services Ms X received were therapeutic services in relation to alcohol misuse and mental health, not adult care services.

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Final decision

8. We cannot investigate Ms X’s complaint because it lies outside our jurisdiction. This is 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