Summary: We will not investigate this complaint about damages to Mr C’s property. This is because claims for damages are for insurance company’s or courts to determine. It would be reasonable for Mr C to ask his insurers or the court to consider his claim for damages.

The complaint

1. Mr C complained his care provider damaged his headphones by putting them in the washing machine. Mr C says carers have caused damage to other items in his property and has photographic evidence to support this. Mr C wants his care provider to put his claim through its insurers.

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The Ombudsman’s role and powers

2. 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)

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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 says its insurers do not cover service users property’s and has advised Mr C to claim through his own contents insurance.
6. We cannot determine liability for damaged items. If Mr C does not wish to claim through his own insurers it would be reasonable for him to make a claim to the court. Information about making a claim can be found on the website below:

Make a court claim for money: What a court claim is - GOV.UK (www.gov.uk)

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Final decision

7. We will not investigate Mr C’s complaint because it would be reasonable for him to make a claim against his care provider through his own insurers or the court. Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman