Summary: The Council acted in accordance with the statutory guidance in the way it disposed of Mr and Mrs T’s possessions when they moved into a care home.

The complaint

1. Ms B complains that the Council disposed of her uncle’s possessions when he moved into a care home without properly consulting other family members. She says there were significant numbers of antiquarian books as well as some jewellery which she believes was left to her daughter in a will.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

3. I considered the information provided by Ms B and by the Council. I spoke to Ms B. Ms B and the Council both had an opportunity to comment on an earlier draft of this statement before I reached a final decision.

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What I found

Relevant law and guidance

4. The Care and Support Statutory Guidance says, “Local authorities must take all reasonable steps to protect the moveable property of an adult with care and support needs who is being cared for away from home, in a hospital or in accommodation such as a care home, and who cannot arrange to protect their property themselves; this could include their pets as well as their personal property (for example, private possessions and furniture). Local authorities must act where it believes that if it does not take action there is a risk of moveable property being lost or damaged” (chapter 10.88 – 10. 94)

What happened

5. Mr and Mrs T had lived in their own home for many years. They moved into a care home in July 2017.
6. The Council’s records show it took action in respect of Mr and Mrs T’s possessions which was in accordance with the guidance.
7. In 2019 Ms B and her brother found out that Mr and Mrs T’s home had been sold to pay for the cost of their residential care. Ms B says her brother in particular was upset about the lost opportunity to look through the antiquarian books. She says the family archive has been lost as a result of the Council’s actions. She complained to the Council that it had not specifically asked Mr T’s two brothers about other family members who should be consulted.
8. The Council replied to Ms B that it did not have consent to share personal information about Mr and Mrs T with her. It explained the process which the Council normally followed in such circumstances and confirmed the proper process had been followed.
9. Ms B complained to the Ombudsman.
10. The Council has provided me with sufficient information to reach a conclusion about this complaint.

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Final decision

11. There was no fault in the way the Council acted in respect of Mr and Mrs T’s possessions.

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Investigator's decision on behalf of the Ombudsman