Summary: We will not investigate Mrs X’s complaint about the Council’s commissioned Care Home losing her late friend’s personal belongings. This is because a further investigation would not lead to a different outcome, we cannot achieve what she wants and there is another body better placed to consider her concerns.

The complaint

1. Mrs X complained the Council’s commissioned Care Home lost her late friend, Mr Y’s, personal belongings. The matter caused her distress. She wants the Council to find his belongings.

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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:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In response to Mrs X’s complaint, the Council spoke with Mr Y’s:
• previous Social Worker who informed the Council he was given a box of Mr Y’s personal belongings which he handed over to Mr Y’s solicitor. He explained to the Council the items which were in the box and could not recall any other items;
• Care Home which explained it had completed an inventory of Mr Y’s personal belongings upon his admission however, the inventory would not reflect all his belongings when he died. It added Mr Y had very little belongings; and
• Solicitors who confirmed it had retained some of Mr Y’s items but had destroyed other items to prevent identity theft.
6. The Council investigated Mrs X’s concerns and was unable to establish how Mr Y’s personal belongings had gone missing or where they were. A further investigation from us would not lead to a different outcome as we also could not establish what happened to Mr Y’s personal belongings. Therefore, we cannot achieve the outcome Mrs X wants. It would be reasonable for Mrs X to report the matter to the Police and refer the matter to the courts. The courts can decide whether the Council was liable for the loss of Mr Y’s personal belongings.

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Final decision

7. We will not investigate Mrs X’s complaint because a further investigation would not lead to a different outcome, we cannot achieve what she wants and there is another body better placed to consider her concerns.

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Investigator's decision on behalf of the Ombudsman