Summary: We will not investigate Mrs X’s complaint about her mother’s lost rings. This is because it is unlikely we could add to the response already provided by the care provider. Also, Mrs X can make a claim in court, or report the matter to the police if she considers the care provider to be liable for the loss of the rings.

The complaint

1. The complainant, whom I shall call Mrs X, complains two of her mother’s rings went missing from the care provider’s care home. Mrs X says one of the rings was removed by a member of staff so it was not mislaid or lost and the care provider failed to follow the correct procedure by putting the ring in the safe.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start an investigation if we decide we could not add to any previous investigation by the organisation. (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. 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

6. I considered information provided by the complainant and the care provider.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mrs X complains on behalf of her mother, Mrs Y, who sadly died in 2022. Mrs Y was a resident at the care provider’s care home.
9. Mrs X complained two of Mrs Y’s rings went missing from the home. Mrs X said the first ring went missing in 2020 and a member of staff told her if her mother had taken the ring off it would have been placed in the safe.
10. The second ring went missing in 2022. Mrs X said a member of staff told her the ring had been removed from Mrs Y’s hand because it was swollen. Mrs X asked to take the rings home for safekeeping. When the care provider checked the safe the rings were not there.
11. The care provider said the first ring had not been reported missing in 2020 and so it was difficult, given the passage of time, to investigate what had happened. The ring was not found.
12. In relation to the second ring, it carried out thorough searches of the home and interviewed the relevant staff. However, none of the staff said they had removed the ring or put it in the safe. Again, the ring was not found.
13. The care provider says it followed its policies and procedures and there is no evidence to say Mrs Y did not remove the ring herself. It referred Mrs X to its service user guide which states it advises service users to obtain insurance for valued items and that it cannot be held responsible for misplaced or lost items.
14. Given the passage of time since the first ring was lost and the differing accounts and recollections in relation to the loss of the second ring I see no realistic prospect of an investigation by this office being able to add to the response already provided by the care provider. Nor could we reach a reliable view on what happened to the rings.
15. If Mrs X seeks a view on liability for the lost rings then it would be reasonable to expect her to use her right to make a claim in the courts via the small claims court. This is a low cost and straightforward process. Only the courts can reach a view on whether the rings were lost due to negligence by the care provider.
16. Alternatively, it is open to her to report the matter to the police if she believes they were stolen. The care provider has already informed Mrs X it would cooperate with any police investigation.

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Final decision

17. We will not investigate Mrs X’s complaint. This is because it is unlikely given the differing recollections of events here that we could add to the response already provided via the care provider. Also, Mrs X can make a claim in the courts if she considers the home to be liable for her losses, or report the matter to the police.

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Investigator's decision on behalf of the Ombudsman