Summary: We will not investigate Mrs B’s complaint about her father’s, Mr C’s, missing iPad. This is because Mrs B can ask the insurers to consider a claim for the loss or, If the iPad was not insured, it would be reasonable for Mrs B to ask the court to consider whether his Care Provider is liable for the full cost of it.

The complaint

1. Mrs B complains her father’s, Mr C’s, iPad was stolen from his room and the police were called. Although the Care Provider has addressed some issues about lockable cupboards and security, Mr C’s Care Provider has not agreed to pay for the loss but has only offered part payment as a goodwill gesture. Mrs B wants the Care Provider to cover the full cost of the stolen iPad.

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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))

3. 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

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

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My assessment

6. We cannot say who is liable for the theft or loss of an item. Only a court can make a finding on whether Mr C’s Care Provider should be liable, or if the goods were insured the insurer will be able to advise about claiming for the loss.

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Final decision

7. We will not investigate this complaint because it would be reasonable for Mrs B to ask the court to consider liability for the loss of Mr C’s missing iPad.

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Investigator's decision on behalf of the Ombudsman