Summary: We will not investigate this complaint about damage to Mr X’s washing machine. This is because claims damages to property are for insurance companies or the courts to determine. It would be reasonable for Mr X to ask insurers or the court to consider his claim for damages and costs.

The complaint

1. Ms Y has made this complaint on Mr X’s behalf. Mr X complains a carer from a Council-commissioned provider damaged Mr X’s washing machine in early 2023 despite being asked not to use it. Mr X says he cannot afford to replace the washing machine and carer have been unable to launder items for him for over a year. Mr X wants the Care Provider to provide him with a replacement washing machine.

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The Ombudsman’s role and powers

2. 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)
3. 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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

6. Mr X receives care in their home from a Council-commissioned care provider. Mr X complained a carer visiting in March 2023 incorrectly used their top loading washing machine, despite Mr X telling them not to use the machine, causing it to break down.
7. In response to Mr X’s complaint, the Council says it has approached the care provider about the matter. The care provider told the Council it believed the matter had now been resolved as Mr X now had a replacement washing machine. It is unclear from the Council’s correspondence who paid for the replacement washing machine.
8. Prior to this, the Council offered to assist Mr X with applying for funding to replace his washing machine. Mr X declined the Council’s offers because he wanted another top loading washing machine and was being offered an front loading replacement.
9. We will not investigate this complaint. Mr X alleges a carer commissioned by the Council has caused damage to his property and has therefore been negligent. Deciding on whether an organisation has been negligent involves looking rigorously, and in a structured way, at evidence as only the court or insurers can to make a finding. Only those routes can decide if the Council-commissioned carer has been negligent and that damages are payable. We cannot recommend actions or payments that ‘punish’ the organisation. We have no powers to enforce an award for damages and would usually expect someone in Mr X’s position to seek a remedy in the courts, directly or through his or the care provider’s insurers.

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Final decision

10. We will not investigate Mr X’s complaint because it would be reasonable for him to make a claim against the care provider through insurers or the court.

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Investigator's decision on behalf of the Ombudsman