Summary: Mrs C complained her sister’s care home threw away her sister’s clothes after she had passed away, even though Mrs C had repeatedly told the home the family wanted to collect them. Mrs C complained the care home also failed to establish how this happened and says the whole event has caused her a lot of distress at an already very difficult time. We found fault with the actions of the care provider. While the care provider has agreed to provide an apology, it has not agreed to pay the financial remedy we recommended, which it believes to be too high. We have given the care provider 30 days to comply, before we will start the process of issuing an Adverse Finding Notice.

The complaint

1. The complainant, whom I shall call Mrs C, complained to us on behalf of herself and her (late) sister, whom I shall call Ms X. Mrs C complained that her sister’s care home threw away her sister’s clothes after she had passed away, even though Mrs C had repeatedly told the home that the family wanted to collect them. Mrs C complained the care home also failed to establish how this happened.
2. Mrs C says this has caused her a lot of distress at an already very difficult time.

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The Ombudsman’s role and powers

3. We investigate complaints about adult social care providers and decide whether their actions have caused an injustice, or could have caused injustice, to the person making the complaint. I have used the term fault to describe such actions. (Local Government Act 1974, sections 34B and 34C)
4. If an adult social care provider’s actions have caused an injustice, we may suggest a remedy. (Local Government Act 1974, section 34H(4))

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How I considered this complaint

5. I considered the information I received from Mrs C and the Care Provider. I shared a copy of my draft decision statement with Mrs C and the care provider and considered any comments I received, before I made my final decision.

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What I found

6. Ms X passed away at Millard House care home in early 2020.
7. Mrs C subsequently asked the care home on seven different occasions whether it had put her sister’s belongings together, ready for the family to collect them.
8. Even though she had been assured by different staff members, including the home manager, that this would be done and completed soon, Ms X’s clothes were thrown away.
9. Mrs C told me that everyone in the care home always commented on what nice clothes her sister had, and she had an extensive collection of clothes at the home. The items thrown away by the care home were of huge sentimental value. Mrs C says that Ms X’s daughter, who could not attend the funeral due to the Covid-19 Pandamic, would have dearly wanted to have kept some of the items in memory of her mother. Mrs C says she has not been able to find the strength yet to tell her niece about the clothes, which has further added to her distress.
10. Mrs C told me she has been asking the care home and the care provider for an explanation how this could have happened. However, while the care provider has admitted it has been at fault, she does not believe the care home’s explanation as to what happened, who said it was due to miscommunication.
11. The care provider told me it asked Mrs C how she wanted her complaint to be remedied. Mrs C wanted a manager of the care provider to be reprimanded, who she believed was responsible for what happened. However, the care provider said it was not able to do this, based on the findings of its investigation.
12. In the end, the care provider decided to commission a painting of Ms X for her family. However, Mrs C said she was not happy with this and it was not something the family asked for or wanted.

Analysis

13. The care home has acknowledged it was at fault for failing to look after Ms X’s clothes, after she passed away, and throwing the items away without having the family’s permission first and having assured Mrs C on several occasions that it would collect and return them.
14. This was fault which has resulted in significant distress to Mrs C.

Recommendeded action

15. I recommended that, within four weeks of my decision, the care provider should:
• Apologise to Mrs C for the above failings.
• Pay Mrs C £250 as a remedy for throwing away her sister’s clothes.
• Pay Mrs C £500 for the distress the above has caused her.
• Review the process the care home has in place for dealing with a resident’s belongings, after they have passed away.
16. The care provider has told me that it does not accept the recommendations for a financial remedy, which it believes to be too high.

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Final decision

17. For reasons explained above, I decided to uphold Mrs C’s complaint.
18. We have given the care provider 30 days to comply with all of our recommendations, before we will start the process of issuing an Adverse Finding Notice.
19. As per out Memorandum of Understanding, we have shared a copy of our final decision with the Care Quality Commission.

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Investigator's decision on behalf of the Ombudsman