Summary: We will not investigate this complaint about a carer allegedly urinating on Mr X’s relative’s grass and the Care Provider refusing to provide compensation. The small claims court is best placed to consider the claim for the cost of replacement grass.

The complaint

1. Mr X complains about a carer urinating in his relative’s garden. He would like the Care Provider to provide compensation to replace the grass.

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

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My assessment

4. 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 replacing his relative’s grass. 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 grass.
5. 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.

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Final decision

6. We will not investigate Mr X’s complaint because it is reasonable for him to refer the matter to the small claims process.

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Investigator's decision on behalf of the Ombudsman