Summary: We will not investigate Mr X’s complaint about damage caused to his carpet. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide.

The complaint

1. The complainant, Mr X, complains carers attending his home to care for his relative caused damage to his carpet and his claim for damages has been refused. He also complains the care provider has not provided copies of his relative’s care records to assist him with his claim.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X complained his carpet was damaged by carers attending his home to care for a relative in a Council arranged care package. The care provider has considered the complaint. It says it is not liable for the damage.
9. We will not investigate Mr X’s complaint. This is because this is a complaint about negligence which is a legal matter for the courts to consider and decide. We cannot decide a negligence claim. Only the courts can decide if an organisation has been negligent and, if so, whether to award any damages sought.
10. It is reasonable to expect Mr X to use his right to make his claim in the courts if he wishes to pursue the matter further. Making a claim in the small claims court is a simple, low cost and accessible process with fees set on a sliding scale depending on the level of the monetary claim. Those on a low income can apply for help with the fees.

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Final decision

11. We will not investigate Mr X’s complaint because it is about negligence which is a legal matter for the courts to consider and decide. Mr X’s complaint about the response to his request for documents is best considered by the Information Commissioner’s Office.

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Investigator's decision on behalf of the Ombudsman