Summary: Mrs X complained that a care provider, acting for the Council, failed to look after her mother’s belongings. We found there was fault that caused injustice and warranted a remedy.

The complaint

1. Mrs X complains on behalf of her mother, Mrs Y. She complains the care home organised by the Council (Chaseview) failed to look after Mrs Y’s belongings and a number of items were lost when she moved to a new care home.

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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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I spoke to Mrs X and considered the complaint she made. I asked the Council and its Care Provider for information and considered its response to the complaint.
5. Mrs X and the Council had an opportunity to comment on my draft decision. I considered the comments received before making a final decision.

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What I found

Chaseview Care Home Belongings Procedures

6. The care provider’s procedure states that personal belongings brought into the care home must be uniquely identified with the name of the owner and logged on a resident’s property record. This policy includes clothing.
7. It states, on admission to the care home, a resident’s personal items and garments will be identified and an inventory kept alongside their care record.
8. It states that relatives and friends should pass any new personal items to care staff to be processed.
9. The procedure states that the care provider will insure a resident’s personal effects up to £2000 per person. There will be an excess of £100 which will apply to each claim. The insurance does not cover damage or theft and it excludes jewellery, watches, fur coats, contact lenses and electronic equipment. It states someone should obtain their own insurance for these items

Care Contract

10. The contract for Mrs Y’s care refers to the insurance provided by the care provider. It also states “Whilst we make every effort to provide a secure environment we are not responsible for loss of damage to your belongings unless we have failed to take reasonable precautions to look after them.”

What happened

11. Mrs Y was residing in Chaseview. This was a care placement arranged by the Council.
12. Mrs X arranged for Mrs Y to move to another care home. Correspondence between Mrs X and Chaseview shows that Mrs X was taking care to try to ensure that all of Mrs Y’s personal belongings were gathered together and moved with her.
13. On the day of the move, the Council told Mrs X that the ambulance arranged to move Mrs Y could not take all of her possessions. Mrs X arranged for these to be collected.
14. The care home told us that it cannot find the original inventory of Mrs Y’s belongings. So, it is not possible to verify the full list of personal items and clothing Mrs Y had at Chaseview. It seems probable, as a result, that the inventory was not available to the staff who were packing Mrs Y’s things. This would make it very difficult for them to ensure everything was being sent with Mrs Y that should be.
15. Mrs X told us that numerous items, some with sentimental as well as financial value, were not in the possessions packed for Mrs Y by Chaseview. All items should be labelled, but Mrs X says some items that were sent with Mrs Y were not hers. Mrs X says one of the missing items was a set of expensive hearing aids (Mrs Y had two sets at the home), other items that were missing included a clock which had been attached to the wall in her room.
16. Chaseview stated staff searched Mrs Y’s room to check she had all her belongings with her. They searched other areas of the home when Mrs X made them aware that there were missing items. Many of the missing items were not found. They stated unfortunately they had no records of what fixed items their handymen removed from Mrs Y’s room.
17. The home stated that staff ensured Mrs Y was wearing a set of hearing aids when she left the care home. Mrs X says Mrs Y was not wearing any hearing aids on arrival at the new home. She stated only one set was in her packed belongings.

Was there fault

18. There was fault by the care provider. The care home did not ensure proper records of Mrs Y’s belongings were kept. This is likely to have meant staff who were packing Mrs Y’s things would not know the full list of items they should be looking for. They may not have been alerted to missing items. The purpose of the inventory is to ensure it is clear what possessions someone has with them in their placement. So, the lack of records was fault.
19. We cannot determine what happened to the items that Mrs X reported as missing when Mrs Y arrived at the new care home. However, on balance, it seems likely that the lack of the inventory has led to the failure to identify a problem and send the missing items with Mrs Y.
20. The care home has insurance. Generally, a claim on the insurance provided by the care home would allow at least some of the missing items to be replaced. Some of the lost items may not be able to be replaced in this way, however, the insurance provided is set out in the care home’s terms and conditions, so it was open to Mrs X to obtain her own insurance for more expensive items if she wished.
21. The care provider accepted there was fault. It agreed to consider a claim from Mrs X for the items that were missing directly, rather than Mrs X having to make a claim on the care home’s insurance. It asked that Mrs X provided any receipts she had or estimates of the value of the missing items so this claim could be considered. In addition, the care provider should make a payment to Mrs Y of £250 to recognise the impact of the lost items and the time and trouble that Mrs X and Mrs Y were put to in making their complaint.

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Agreed action

22. Within four weeks of my final decision:
23. The Council should arrange for Mrs X to make a claim to the care provider directly for the items Mrs Y lost. The lack of the original inventory should not be detrimental to Mrs X’s claim. To facilitate the claim the care provider should write to Mrs X and explain who to send her claim to.
24. The Council (or the care provider on its behalf) should pay Mrs Y £250 to recognise the impact of the lost items and the time and trouble that Mrs X and Mrs Y were put to in making their complaint

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Final decision

25. There was fault by the care provider acting on the Councils behalf. As the care provider agreed to act to remedy the complaint we have now completed our investigation.

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Investigator's decision on behalf of the Ombudsman