Age Gracefully Limited (22 011 954)
Category : Adult care services > Domiciliary care
Decision : Closed after initial enquiries
Decision date : 10 Jan 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Mr B’s carer breaking his television. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The courts deal with claims for damages, and it would be reasonable for Mr B’s representatives to ask the court to consider his claim.
The complaint
- Mr B’s representatives say his carer broke his TV set, initially agreed to partially pay for a replacement item but the Care Provider refused to accept responsibility for the broken TV. Mr B want the Care Provider to accept liability for the broken TV, reimburse the full cost of replacing the item, pay compensation for the distress caused, apologise, and refer itself to the Care Quality Commission over its complaint procedures.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
Assessment
- We cannot determine liability for damages only a court can do this. Mr B’s representatives can ask the court to consider his claim for damages and compensation and it would be reasonable to him to do so. Information about the claims through the court can be found on the website below:
Make a court claim for money: What a court claim is - GOV.UK (www.gov.uk)
- Mr B says the Care Provider should refer itself to the Care Quality Commission (CQC). Mr B can ask the CQC to consider his concerns about the Care Provider. Information about the CQC can be found on the website below:
Care Quality Commission (cqc.org.uk)
Final decision
- We will not investigate Mr B’s complaint because it would be reasonable for him to ask the court to consider his claim for damages.
Investigator's decision on behalf of the Ombudsman