Summary: The Ombudsman will not investigate this complaint about the care provider misplacing the complainant’s dentures. This is because it is unlikely a further investigation by the Ombudsman would lead to a different outcome. The complainant can also make a claim through the courts if she believes the care provider is responsible for the loss.

The complaint

1. Mr X has complained on behalf of his mother Mrs Y. Mr X says the care home where his mother lived, lost her dentures.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome.

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

3. 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

4. I have considered Mrs Y’s complaint and the correspondence sent from the care provider on behalf of the Council. I invited Mr X to comment on a draft of this decision.

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What I found

5. Mrs Y moved into a residential care home in 2019. The placement was funded by the Council. Mrs Y contributed towards the cost of her care.
6. Shortly after moving into the home, Mrs Y’s dentures were lost. Mr X believes a member of staff accidentally threw the dentures away and therefore argues that the home or the Council should pay £1,500 for the replacement.
7. The home has responded to Mr X’s complaint on behalf of the Council. It says there is no evidence to suggest the home was negligent in disposing of or misplacing the dentures and its terms and conditions say it will not be liable for the loss of a resident’s personal possessions unless it is at fault.

Assessment

8. I will not investigate this complaint about Mrs Y’s lost dentures. This is because it is unlikely an investigation by the Ombudsman will lead to a different outcome and Mrs Y can make a claim through the courts if she believes the care provider is responsible for the loss.
9. Mr X has said that Mrs Y could not have thrown her dentures away. She is registered blind and cannot access the only bin in her room without assistance. The care home says it is unsure what happened, but Mrs Y sometimes wrapped the dentures in tissue when they were not being worn. It has suggested this may have resulted in a member of staff accidently putting them in the bin.
10. In circumstances such as these, it will never be possible to know for certain what happened to the dentures. However, it is unlikely we could find out anymore by investigating the complaint. The Ombudsman also cannot make a finding on loss or say who is responsible for the missing dentures. The courts are best placed to consider liability. Mrs Y can make a claim to the court if she believes the care provider is responsible for the loss.

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Final decision

11. The Ombudsman will not investigate this complaint. This is because it is unlikely an investigation by the Ombudsman will lead to a different outcome . Mrs Y can also make a claim to the courts if she believes the care home is responsible for the loss.

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Investigator's decision on behalf of the Ombudsman