Summary: We will not investigate Mr C’s complaint about missing items of his late father’s from his care home. This is because we could not achieve the outcome Mr C wants. Mr C can ask the Council’s insurers to consider a claim for the loss of the missing items.

The complaint

1. Mr C complained about items missing from his late father’s, Mr D’s, belongings. Mr C says a number of items were missing when he when he collected Mr D’s belongings after he passed away in November 2020. The care provider has found some of the items, but some are still missing. Mr C says the care provider has a duty of care to look after Mr D’s belongings and all were labelled. The items missing are a charger for Mr D’s watch, TV remote control, shaver, shoes and one slipper. Mr C says the Council, who placed Mr D in the home should reimburse him for the missing items.

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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
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I discussed the concerns with Mr C and considered the information and documentation he and the Council provided. I sent Mr C a copy of my draft decision for comment.

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What I found

4. Mr C says he contacted the care provider on three separate occasions regarding missing items when he collected Mr D’s belongings in December 2020 but did not receive a response. Mr C contacted the Council, who placed Mr D in the home about the missing items in January 2021. The Council responded to his concerns in February 2021. It said it co-ordinated a search of the care home but was unable to locate the missing items at that time. It advised Mr C it had asked staff to continue to search and apologised for the distress caused by the loss. The care provider later found some of the missing items and Mr C says he will collect them when the current Covid-19 situation allows. However, he is still concerned about a missing charger needed to charge a watch he purchased for Mr D, a TV remote, pair of shoes and wallet.
5. The Council says its policy, given out in welcome packs, states ‘it cannot take responsibility for the safety of articles, monies or properties which may be under the control or in the possession of a resident or left unattended in the home’.
6. Mr C says the Council has a duty of care to look after Mr C’s belongings in the home. Mr C says Mr D did not have insurance to cover the loss and was not advised to get it, however, he can ask the Council’s insurers to consider a claim for the loss of the missing items.

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Final decision

7. We will not investigate this complaint. This is because we could not achieve the outcome Mr C wants. Mr C can ask the Council’s insurers to consider a claim for the loss of the missing items.

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Investigator's decision on behalf of the Ombudsman