Summary: We will not investigate Mr X’s complaint about the care provider losing his mother’s belongings. This is because it is unlikely an investigation could add to the response already provided by the care provider and because Mr X can take the matter to court if he considers the care provider to be liable for the loss of these items.

The complaint

1. The complainant, whom I shall call Mr X, complains the care provider lost his deceased mother’s bracelets and some of her clothing.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. 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. (Local Government Act 1974, sections 34B(8) and (9))

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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

6. I considered the information and documents Mr X provided. I sent Mr X a draft of my decision and considered his comments in response.

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What I found

7. Mr X’s mother, Mrs X, was a resident of the care provider’s care home. She sadly died in 2020. Mr X complained to the care provider when he collected Mrs X’s belongings, and found a number of her bracelets and some items of clothing were missing. Mr X said Mrs X had approximately 60 bracelets but only six were returned to him
8. The care provider investigated. The home has changed ownership twice since Mrs X was admitted in 2015. It found the previous management failed to complete an inventory of Mrs X’s belongings when she moved in. It acknowledged this was unacceptable and apologised to Mr X. The home interviewed staff who were in post at the time Mrs X was admitted. They said they had never seen Mrs X with more than 20 bracelets. They had not been told they were valuable and believed them to be costume jewellery. They said Mr X had not told them they were valuable or questioned the location of the bracelets during his visits. Staff reported that as Mrs X’s dementia progressed, she would remove her bracelets and leave them around the home, and they would sometimes fall off her arm.
9. The care provider said it was unable to reach a view on the missing items due to the differing accounts and lack of documentation from either party about the bracelets and how many Mrs X had when she moved in. However, to remedy the acknowledged fault by the previous management in failing to complete an inventory, it offered Mr X a financial remedy of just over £530.

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Final decision

10. We will not investigate this complaint. This is because it is unlikely an investigation could add to the response already offered by the care provider given the lack of further documentation. It appears the care provider has offered a suitable remedy for the acknowledged fault.
11. If Mr X remains dissatisfied with the amount the care provider has offered, and considers the care provider to have been negligent and liable for the losses, it is reasonable to expect him to use his right to make a claim in the courts for damages. We cannot decide a negligence claim. Negligence is a legal matter for the courts to consider and decide. If the court considers the care provider to be liable for his losses then it will rule on the level of any damages to be paid to Mr X and this can be enforced by the court.

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Investigator's decision on behalf of the Ombudsman