Summary: The Ombudsman will not investigate this complaint about Mrs Y’s missing items. This is because Mr X can make a claim through the courts on Mrs Y’s behalf if he believes the care provider is responsible for the loss and it would be reasonable for him to use this remedy.

The complaint

1. Mr X has complained on behalf of his mother Mrs Y. Mr X says the care home where his mother lives has lost her personal possessions.

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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 further investigation will lead to a different outcome, or
• there is another body better placed to consider this complaint. (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 this complaint and the response from the care home sent on behalf of the Council. I invited Mr X to comment on a draft of this decision and I have considered the information and comments he has provided in response.

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What I found

What happened

5. Mrs Y moved into a residential care home in 2011. In 2018 she transferred to another unit in the home as her needs had increased. The placement is partly funded by the Council and Mrs Y pays a contribution towards the cost of her care.
6. Mr X says that some of Mrs Y’s personal items have gone missing since she moved into the home. The missing items include a television, walker and jewellery. Mr X says the care home has failed to explain how it investigated the loss or why it did not keep an inventory of Mrs Y’s possessions. He says his mother has suffered a financial loss as a result and believes the home should compensate her for this.
7. The care home has responded to Mr X’s complaint on behalf of the Council. It says there is no evidence to show Mrs Y had the lost items when she moved into the new unit and believes the items went missing in 2011. It does have two of Mrs Y’s rings in its safe which it says can be collected. It also offered to replace Mrs Y’s television as a gesture of goodwill.

Assessment

8. I will not investigate this complaint about Mrs Y’s lost possessions. This is because Mr X, on behalf of Mrs Y, can make a claim through the courts if he believes the care provider is responsible for the loss and it would be reasonable for him to use this remedy.
9. The care home has questioned if Mrs Y had all the lost items when she moved into the new unit and believes the possessions went missing in 2011. Mr X disputes this and has provided photographs showing Mrs Y with the jewellery and her walker in the home after 2011. Mr X says the home has breached its duty of care to look after Mrs Y’s property.
10. It will never be possible for me to know for certain what happened to Mrs Y’s possessions. However, it is unlikely we could find out any more by investigating the complaint. The Ombudsman also cannot make a finding on loss or say who is responsible for the missing items. The courts are best placed to consider liability. Mr X can make a claim to the court if he believes the care provider is responsible for the loss and it would be reasonable for him to do so.

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Final decision

11. The Ombudsman will not investigate this complaint. This is because it would be reasonable for the complainant to take the matter to court if he believes the care provider is responsible for the loss of the items.

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Investigator's decision on behalf of the Ombudsman