The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about the actions of his key workers at a community substance abuse service because it lies outside our jurisdiction. This is because the complaint is not made about, or in connection with, the provision of adult social care.
The complaint
Mr X complains about the actions of his key workers at the provider which is a community substance abuse service.
The Ombudsman’s role and powers
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) 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.
How I considered this complaint
I considered information provided by the complainant.
I considered information about the provider on its website and information on CQC’s website about its registration and the services it provides.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Mr X’s complaint because it lies outside our jurisdiction. This is because it is not made about, or in connection with, the provision of adult social care. This means the law says we cannot consider it. We have no discretion to do so. The services provided by Grow, Change, Live are not adult social care. Rather, it provides a community service for substance abuse.
Final decision
We cannot investigate Mr X’s complaint because it lies outside our jurisdiction and we have no discretion to consider it. This is because it is not made about, or connected to, the provision of adult social care.
Investigator's decision on behalf of the Ombudsman