The Ombudsman's final decision
Summary: We cannot investigate Miss X’s complaint about the actions of a Care Home. This is because the actions complained of do not relate to the provision of adult social care.
The complaint
In summary, Miss X complains staff at one of the Provider’s care homes have carried out a campaign of harassment against her. She believes that staff are tracking and monitoring her constantly.
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 34B and 34C)
How I considered this complaint
I considered information provided by the complainant. I also 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, Miss 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), or Other “practical assistance” is not defined in legislation but we generally interpret this to be assistance connected to some form physical assistance.
Miss X is not or ever has been in receipt of services by the care home. Therefore, we cannot investigate Miss X’s complaint as it does not relate to the provision of adult social care.
Final decision
We cannot investigate this complaint. This is because the actions complained of are not within our remit.
Investigator's decision on behalf of the Ombudsman