Summary: We will not investigate Mrs X’s complaint about the Care Home losing her late mother’s ring. This is because we would not be able to add to the previous investigation and there is another body better placed to consider her complaint.

The complaint

1. Mrs X complained the Care Home lost her late mother, Ms Y’s, ring. She said the matter caused her distress. She wants the Care Home to properly investigate the matter.

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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 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))

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How I considered this complaint

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

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My assessment

5. Ms Y was a resident at the Care Home. Mrs X said when her mother died, staff removed her ring and replaced it with another ring.
6. In response to Mrs X’s complaint, the Care Provider said it had spoken with staff and reviewed its records. It said it had no supporting evidence staff had removed Ms Y’s ring and replaced it with another ring.
7. We will not investigate Mrs X’s complaint. We would not be able to add to the Care Provider’s investigation as we cannot establish how Ms Y’s ring went missing. 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, it would be reasonable for Mrs X to take the matter to the courts. The courts can decide whether the Care Provider was negligent and liable for the loss of the ring. If the courts find the Care Provider is responsible, they can order a payment of compensation.

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Final decision

8. We will not investigate Mrs X’s complaint because we would not be able to add to the previous investigation and there is another body better placed to consider her complaint.

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Investigator's decision on behalf of the Ombudsman