The Ombudsman's final decision
Summary: We cannot investigate this complaint about the actions of a Private Care Provider. This is because the actions complained of fall outside of our jurisdiction to investigate as they do not relate to the provision of adult social care.
The complaint
The complainant, whom I refer to as Mrs X, complains the Care Provider had failed in their duty of care of her and failed to provide advertised services when she checked herself in for treatment for an eating disorder. She also complains about the accomodation and says the Care Provider exaggerated its gym and spa facilities.
The Ombudsman’s role and powers
We investigate complaints about adult social care providers and decide whether their actions have caused an injustice, or could have caused injustice, to the person making the complaint. I have used the term fault to describe such actions. (Local Government Act 1974, sections 34 B and 34C) The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 set out the fundamental standards those registered to provide care services must achieve.
How I considered this complaint
I considered information provided by Mrs X.
I considered the Ombudsman’s Assessment Code.
My assessment
The Care Provider is an adult social care provider for the purposes of our consideration of complaints. This is because the range of activities it provides involves, or is connected with, the provision of adult social care under the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.
However, Mrs X did not receive any services which can be defined as adult social care services under those Regulations. Adult social care is defined as personal care or other practical assistance. Personal care is defined as “physical assistance in connection with”: eating or drinking (including the maintenance of established parenteral nutrition), toileting (including in relation to the process of menstruation), washing or bathing, dressing, oral care, or the care of skin, hair and nails (with the exception of nail care provided by a person registered with the Health and Care Professions Council as a chiropodist or podiatrist pursuant to article 5 of the 2001 Order).
Other “practical assistance” is not defined in legislation, but we generally interpret this to be assistance connected to some form of physical assistance.
The services Mrs X received were therapeutic services in relation to her eating disorder. These are not adult care services as defined in the legislation. Whilst she was provided with food, she did not require physical help with this and so would not be considered personal care or practical assistance.
The definition does not include the provision of accomodation and similarly, the provision of gym and spa facilities is not in relation to any identified adult social care need of Mrs X.
Therefore, we cannot investigate Mrs X’s complaint as the actions complained of are not matters the Ombudsman can investigate as they do not relate to the provision of adult social care.
Final decision
We cannot investigate this complaint. This is because the actions complained about do not relate to the provision of adult social care.
Investigator's decision on behalf of the Ombudsman