B & M Care/Colleycare Ltd (20 000 414)
Category : Adult care services > Residential care
Decision : Closed after initial enquiries
Decision date : 06 Nov 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mrs X’s complaint about possessions belonging to her father which went missing. This is because we could never say what happened to the items and so we cannot provide a worthwhile outcome for Mrs X.
The complaint
- The complainant, whom I shall call Mrs X, complains some of her father’s possessions went missing after he passed away in the care home.
The Ombudsman’s role and powers
- We investigate complaints about adult social care providers. 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 care provider, or
- it is unlikely further investigation will lead to a different outcome, or
- we cannot achieve the outcome someone wants, or
- there is another body better placed to consider this complaint.
(Local Government Act 1974, sections 34B(8) and (9))
How I considered this complaint
- I considered Mrs X’s complaint to the Ombudsman and the information she provided. I also gave Mrs X the opportunity to comment on a draft statement before reaching a final decision on her complaint.
What I found
- Mrs X’s father (Mr Y) was a resident of the care home. Mr Y passed away earlier this year. Mrs X’s husband collected Mr Y’s possessions from the care home. Mrs X complained to the care home because she said several photographs which were very important to Mr Y had not been properly wrapped. Other photographs were missing, as were items including a clock, watch, and an inscribed book.
- In its response to Mrs X’s complaint the care provider said Mr Y’s room had been secured after he passed away. His items had then been transferred to another room where they were locked away until collected. The building supervisor said they remembered packing away photographs and the clock. The care provider said there were black bags containing Mr Y’s personal possessions. Mrs X denies the care provider handed over any black bags when her husband collected Mr Y’s belongings. The care provider apologised, but said it could not say where the belongings had gone. It said that “the home fully believe that all your fathers’ belonging were returned to your husband.”
- I understand how upset Mrs X must be about her father’s missing possessions. But if the Ombudsman were to investigate, I do not think we would ever be able to establish exactly what happened to them. Mrs X could take legal advice about making a claim against the care provider’s insurers for the value of items such as the clock and watch. However, because the Ombudsman could never say what happened to Mr Y’s possessions, an investigation is not appropriate.
Final decision
- The Ombudsman will not investigate Mrs X’s complaint. This is because we could not achieve a worthwhile outcome for Mrs X.
Investigator's decision on behalf of the Ombudsman