Summary: We will not investigate this complaint about the Care Provider allegedly losing Ms Y’s key. The small claims court is best placed to consider the claim for the cost of replacement locks.

The complaint

1. Mr X complained the Care Provider lost a key for his aunt’s (Ms Y’s) property, necessitating the installation of new locks. He said this caused the family worry about Ms Y’s safety and security of her property. He wanted the Care Provider to accept responsibility and apologise, and reimburse the cost of having the locks changed.

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The Ombudsman’s role and powers

2. We investigate complaints about adult social care providers. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, sections 34B(8) and (9))

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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. Where someone complains about loss or damage to property, we will normally signpost them to the small claims process. In this case Mr X seeks reimbursement for the cost of having Ms Y’s locks changed. The small claims process is best placed to consider this matter and decide whether the Care Provider is liable for the cost of the replacement locks, if its insurers decline to reimburse Mr X.
6. The small claims court fees are on a sliding scale relative to the amount sought. The process is relatively straightforward and it is not necessary to hire legal representation. There is not a reason for us to consider the matter instead.
7. While Mr X also says he seeks apologies, it is not proportionate to investigate the matter instead of him using the small claims process, for this outcome alone.

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Final decision

8. We will not investigate Mr X’s complaint because it is reasonable for him to instead refer the matter to the small claims process, should the Care Provider’s insurers decline to refund the money he spent having Ms Y’s locks changed.

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Investigator's decision on behalf of the Ombudsman