AAT Quality Care Agency Ltd (25 017 387)
Category : Adult care services > Other
Decision : Closed after initial enquiries
Decision date : 13 Feb 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about alleged damage to a door. Complaints about damage to property are for the courts.
The complaint
- Mrs X complained about carers damaging her door and leaving her with repair costs of £145.00. Mrs X would like to be reimbursed.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant. I also considered the Ombudsman’s Assessment Code.
My assessment
- Complaints about damage to property are not normally a matter we will investigate. This is because such complaints are really negligence claims, which the courts are best placed to handle should parties be unable to reach agreement.
- Making a claim in the small claims court is straightforward, for which people do not normally need legal representation. The associated fees are on a sliding scale relative to the amount claimed, and it is open to the applicant to seek a costs order. Some people are eligible to pay no fee.
- It is reasonable for Mrs X to use the small claims process, given the above. There is not a good reason for us to consider this so we will not investigate it.
Final decision
- We will not investigate Mrs X’s complaint because it is best considered by the court.
Investigator's decision on behalf of the Ombudsman