Summary: We will not investigate this complaint about the Council’s failure to return personal belongings. That is because we could not add anything further to the Council’s investigation.

The complaint

1. Mr X complained the Council had not returned belongings it took from his grandparents’ property, after they moved into nursing care in 2014. He said he had tried to complain to the Council about this for several years, but it had refused to accept the complaints. He said following his grandparents’ death he had complained to the Council, but it had said it would not investigate his complaint because it was late.
2. Mr X also complained the Council allowed his grandparents’ property fall into a state of disrepair after they moved into the nursing home. He was also unhappy about the care his grandparent’s received whilst in the nursing home, stating his grandfather experienced neglect. He said the nursing home incorrectly charged his residents for single occupancy despite them having a shared room.

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The Ombudsman’s role and powers

3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or may decide not to continue with an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
6. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

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

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My assessment

9. Mr X’s grandparents, Mr and Mrs Y went into residential care in 2014. Neither had a Power of Attorney to make decisions for them, so the Council used powers under the National Assistance Act 1948 (now replaced by powers in the Care Act 2014) to protect Mr and Mrs Y’s property. The Council removed some items from the property and stored these in a safe. Mr X provided an inventory of items in the property the Council completed in 2015; that referred to a notebook.
10. The Council applied to the Court of Protection to appoint a deputy to act for Mr and Mrs Y to manage their property and financial affairs. The Council transferred the belongings it had for Mr and Mrs Y to the Court appointed deputy in 2016.
11. Mr X complained to the Council in 2022 about his grandparents’ admission into care and about the Council’s actions in relation to protection of his grandparent’s property. He also said that pictures and a notebook belonging to his grandparents had gone missing.

Missing items

12. In its complaint response, the Council said it did not have a record of the items described by Mr X being removed from the property or stored in its safe. It said there had been several keyholders and people with access since 2015 and therefore could not investigate further.
13. Although Mr X is unhappy with this response, we will not investigate this complaint further. That is because it is eight years since the items were allegedly removed, therefore, there is not a realistic prospect of reaching a sound, fair, meaningful decision. The Council states it does not have the items described by Mr X, and it gave all items in its possession to the Court appointed Deputy. We could not add anything further to the Council’s investigation. Mr X can consider pursuing a legal claim against the Council for loss of property. If Mr X believes items were stolen, he can pursue this with the Police.

The Property’s state of repair

14. We will not investigate Mr X’s complaint the Council let his grandparent’s property fall into a state of disrepair. That is because:
1. The events he complains about took place over twelve months ago, therefore this is a late complaint. We have discretion to set this restriction aside where we decide there are good reasons. However, I have decided not to exercise discretion because it would have been reasonable for Mr X to complain to us sooner if he was concerned by the Council’s actions. Although he states the Council would not respond to complaints about Mr and Mrs Y, the Council sent complaint responses in 2014 and 2019.
2. Mr X could have raised any concerns about the Council’s actions with the Court of Protection.
3. Mr X can consider a legal claim against the Council if he believes its actions have caused physical damage to the property.

The care Mr and Mrs Y received whilst in nursing care and incorrect financial charging

15. We expect a complaint to of exhausted the Council’s procedures before we would consider whether to investigate or not. I have seen nothing to indicate Mr X’s complaint about care and charging have completed the Council’s complaints procedure. Therefore, we will not consider this complaint. Mr X can return to us once the Council has considered these complaints.

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Final decision

16. We will not investigate Mr X’s complaint because we could not add anything further to the Council’s investigation.

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Investigator's decision on behalf of the Ombudsman