Summary: We will not investigate Mrs X’s complaint about the Care Home losing her late relative, Ms Y’s rings. This is because we cannot achieve the outcome she wants, we would not be able to add to the Care Provider’s investigation and it would be reasonable for Mrs X to use the legal route which is available to her.

The complaint

1. Mrs X complained the Care Provider’s Care Home failed to protect her late relative, Ms Y’s, rings when she was residing there. She said as a result, the rings were lost. Mrs X said it caused her distress. Mrs X wants the Care Provider to provide her with compensation for the rings it lost.

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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 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 continue an investigation if we decide:

• we cannot achieve the outcome someone wants, or
• 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), as amended, section 34(B))

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered information provided by Mrs X and the Care Provider.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Care Provider explained to Mrs X it was unable to say how Ms Y’s rings went missing. It said staff noticed Ms Y had lost weight and so staff moved her rings onto other fingers where they would sit better. It said Ms Y was known to rearrange her belongings due to her condition and so this was another possibility of how they might have become lost. The Care Provider told Mrs X she could report the matter to the Police and obtain a crime reference number. Mrs X could then submit a claim against the Care Provider’s insurers.
8. We will not investigate this complaint. We cannot achieve the outcome Mrs X wants and we would not be able to add to the Care Provider’s investigation as we also cannot determine how the rings were lost and who was responsible for it. It would be better for Mrs X to report the matter to the Police and make a claim against the Care Provider’s insurers. If the claim is rejected, Mrs X can take the matter to the courts. It would be reasonable for Mrs X to take the matter to the courts because they can decide whether the Care Provider was negligent and liable for the loss of the rings. If the courts find the Care Provider is responsible for the loss of the rings, it could order a payment of compensation.

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Final decision

9. We will not investigate Mrs X’s complaint because we cannot achieve the outcome she wants, we would not be able to add to the Care Provider’s investigation and it would be reasonable for Mrs X to use the legal route which is available to her.

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Investigator's decision on behalf of the Ombudsman