The Ombudsman's final decision
Summary: We will not investigate this complaint about a Private Care Provider. This is because there is insufficient injustice caused to warrant our intervention. Also, some actions complained of fall outside of our jurisdiction as they do not relate to the provision of adult social care.
The complaint
The complainant, whom I refer to as Ms X, complains about the actions of a Care Provider during her admission at an addiction treatment centre. She raises issues with the misleading price of changing accommodation, the way staff handled an incident with another resident, the lack of a support buddy, and therapists ending sessions early.
She wants a refund for three days of lost treatment and the difference between what she was quoted to change rooms and what she actually had to pay.
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. If they have caused an injustice we may suggest a remedy. (Local Government Act 1974, sections 34 B, 34C and 34 H(3 and 4) as amended) 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 Ms X.
I considered the Ombudsman’s Assessment Code.
Ms X had the opportunity to comment on my draft decision.
My assessment
Ms X’s complaint relates to her stay at an addiction treatment centre. She states she enquired about the price of a room upgrade with the Care Provider. She is dissatisfied she was initially informed it was £1070 additional cost but later was told she had to pay £2000.
Ms X also raised concerns with how staff handled a situation with an aggressive resident and the lack of a therapist available that weekend. She argues that she lost three days therapy due to the disruptions.
The Care Provider apologised to Ms X for the room price error as it was a mistake by a new member of the admissions team and acknowledged Ms X felt she had lost out on treatment, but it would not give a partial refund.
Whilst we recognise the Care Provider’s initial error regarding the cost of a room change caused frustration, it did not cause Ms X financial loss. Therefore, the injustice caused is not so significant to warrant an investigation.
We cannot consider the other issues about therapeutic services offered by the Care Provider. These are not adult care services as defined in the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. Therefore, this falls outside of our jurisdiction.
Final decision
We will not investigate this complaint. This is because there is insufficient injustice caused to warrant our intervention. Also, some actions complained of fall outside of our jurisdiction as they do not relate to the provision of adult social care.
Investigator's decision on behalf of the Ombudsman