Summary: The Ombudsman will not investigate Ms A’s complaint about her late mother’s, Mrs B’s, care provider’s decision not to reimburse the cost of missing items. This is because Ms A can ask the court to consider whether the care provider is liable for the loss of her late mother’s hearing aid and it would be reasonable for her to use this remedy.

The complaint

1. Ms A says her late mother’s, Mrs B’s, care provider did not issue a contract clearly explaining that it does not reimburse the cost of lost or missing items when she entered into the home and says it should reimburse the cost of a replacement hearing aid.

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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)

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How I considered this complaint

3. I considered the information and documentation Ms A provided. I sent Ms A a copy of my draft decision for comment.

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What I found

4. Ms A says she did not know when Mrs B moved into the care home that it did not accept liability for loss or missing items.
5. The Ombudsman cannot make a finding on loss or say who is responsible for the missing items including the hearing aid. The courts are best place to consider liability and responsibility and it would be reasonable for Ms A ask the court to consider whether the care provider is responsible for the loss of Mrs B’s hearing aid.

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Final decision

6. The Ombudsman will not investigate this complaint. This is because Ms A can ask the court to consider whether the care provider is liable for the loss of her late mother’s hearing aid and it would be reasonable for her to use this remedy.

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Investigator's decision on behalf of the Ombudsman