Summary: The Ombudsman will not investigate Mrs X’s complaint about her mother’s missing jewellery. This is because the complaint is late, and it is unlikely we could achieve a worthwhile outcome for Mrs X. Also, it is reasonable for Mrs X to pursue the matter through the courts if she believes the care provider is responsible for the lost items.

The complaint

1. The complainant, whom I shall call Mrs X, complains jewellery belonging to her mother (Mrs Y) went missing while she was a resident of the care provider. Mrs X wants the care provider to review its processes and to pay for the missing items.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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))

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 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.

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What I found

What happened

7. Mrs X complains some of Mrs Y’s jewellery went missing while she was a resident of the care provider. Mrs X passed away in April 2019. The care provider sent Mrs X its final response to her complaint in February 2020. It said:
• It was sorry for how it handled Mrs X’s complaint and for poor communication.
• The missing items had been reported to the Police, but they had decided not to pursue the matter.
• It could not find any evidence the Police’s involvement and the missing items had been reported to the Care Quality Commission. It was sorry for this and the General Manager had been reminded of their responsibilities.
• It was reviewing its policies and recommended admission inventories are reviewed every six months.
• Mrs Y often went into other residents’ rooms and removed her jewellery.
• It could not say what happened to the jewellery and its terms and conditions recommended personal possession insurance. It would not therefore pay for the missing items.

Assessment

8. Mrs Y passed away in April 2019 – almost two years ago. Mrs X’s complaint is therefore late. The Ombudsman normally expects people to complain to us within twelve months of them becoming aware of a problem. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so.
9. Mrs X received the care provider’s final response in February 2020. We did stop taking new complaints between March and July 2020 because of the COVID-19 pandemic. But I see no reason Mrs X could not have complained earlier. The exception at paragraph 3 therefore applies to her complaint.
10. But even if Mrs X’s complaint was not late, we would not investigate. This is because it is unlikely we could add anything to the care provider’s response. The issue at the heart of Mrs X’s complaint is what happened to the missing jewellery and a claim for compensation. I do not think that if we were to investigate, there is a realistic prospect of us finding out what happened to the jewellery. The Police are in a much better position than the Ombudsman to investigate allegations of theft – which is not our role. But I note the Police have decided not to pursue the matter.
11. Mrs X can, however, claim against the care provider’s insurance if she feels the care provider is responsible for the lost jewellery. If her claim is rejected, she can take the matter to court, and I see no reason she should not do this. The court can decide if the care provider is responsible for the lost items and if it should pay compensation. It can therefore give Mrs X the outcome she wants, while we cannot.

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Final decision

12. The Ombudsman will not investigate Mrs X’s complaint. This is because:
• the complaint is late;
• it is unlikely we could achieve a worthwhile outcome for Mrs X; and
• it is reasonable for Mrs X to use the legal remedy available to her.

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Investigator's decision on behalf of the Ombudsman