• The complaint
• The Ombudsman’s role and powers
• How I considered this complaint
• My assessment
• Final decision

The Ombudsman's final decision:

Summary: We will not investigate this complaint about damage to property because it is unlikely we could add to the Care Provider’s investigation or reach a different outcome. The Care Provider has made what appears to be a suitable offer to resolve the matter, the amount in dispute does not justify our involvement. Mrs B can make an insurance claim to determine what is an appropriate payment as she remains unhappy with the amount offered.

The complaint

1. Mrs B says a live-in care worker drank alcohol while on shift and urinated on the mattress. The mattress is stained, and Mrs B wants £150 to replace it.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Care Provider has adequately investigated Mrs B’s concerns. The Care Provider has offered to either have a replacement mattress delivered to the property or pay £85. Mrs B is unhappy because she wants £150.
6. I consider the Care Provider has acted appropriately to try to resolve the concerns. The Ombudsman could not add to its investigation, and it is unlikely investigation would lead to a different outcome. The difference between £150 and £85 does not justify an investigation.
7. Mrs B can make an insurance claim for the mattress to decide what is a fair settlement for the damage.

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Final decision

8. We will not investigate Mrs B’s complaint because it is unlikely we could add to the Care Provider’s investigation or reach a different outcome. The claimed injustice does not warrant an Ombudsman investigation.

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Investigator's decision on behalf of the Ombudsman

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