Summary: Mrs X complained about items having gone missing from her mother’s care home placement. We should not investigate this complaint. It is impossible for us to say now what happened to the items and we could not achieve a meaningful remedy for Mrs X.

The complaint

1. Mrs X complained about items having gone missing at her late mother’s care home placement. The items had monetary and sentimental value.

Back to top

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)
3. 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 would find fault, 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)

Back to top

How I considered this complaint

4. I considered the information Mrs X provided when she complained to us.
5. I considered Mrs X’s comments on my draft decision.

Back to top

What I found

6. In early 2019, Mrs X discovered several items had gone missing from her mother’s (Mrs Y’s) room in a care home. She asked the Care Provider to help find the items, but then involved the police after some weeks had passed without the items being found.
7. The police told Mrs X it was unlikely they could find out what had happened to the items. Mrs X complained to the Care Provider, and it told her it would involve its insurers. Mrs X provided an estimate for the items but she says the Care Provider did not then contact her further and she has not heard from its insurers.
8. Mrs Y passed away before the items could be found. The items included her wedding ring, which was of great sentimental value. This, understandably, caused the family some distress.
9. It would be impossible for us to say now what happened to the items. We are unlikely to find fault in the Care Provider’s actions. We could not, therefore, achieve the outcome Mrs X seeks.
10. Mrs X says all involved, including the police, have concluded the items were stolen, most likely by a staff member. Mrs X rightly involved the police. We cannot come to decisions about whether a crime has taken place. As this is an insurance issue, it is open to Mrs X to pursue the Care Provider’s insurers for a response, and to seek redress via the courts. It is open to Mrs X to seek legal advice to aid this, although she says she cannot afford legal representation.

Back to top

Final decision

11. The Ombudsman should not investigate this complaint. This is because it is unlikely we would find fault, and we cannot achieve the outcome Mrs X wants.

Back to top

Investigator's decision on behalf of the Ombudsman