Summary: The Care Provider failed to seek authorisation from Mrs X before disposing of two chairs belonging to her uncle.

The complaint

1. Mrs X complains the Care Provider disposed of two recliner chairs belonging to her uncle, Mr Y.

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The Ombudsman’s role and powers

2. 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. If they have caused an injustice we may suggest a remedy. (Local Government Act 1974, sections 34 B, 34C and 34 H(3 and 4) as amended)
3. 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)

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How I considered this complaint

4. I have:

• considered the written complaint and supporting information provided by Mrs X
• considered the correspondence between Mrs X and the Care Provider, including the Care Provider’s response to the complaint
• made enquiries of the Care Provider and considered the response
• considered relevant legislation
• offered Mrs X and the Care Provider an opportunity to comment on a draft of this document, and considered the comments made.

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What I found

Relevant legislation

5. The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 set out the fundamental standards those registered to provide care services must achieve. The Care Quality Commission (CQC) has issued guidance on how to meet the fundamental standards below which care must never fall.
6. Regulation 15 applies to property and equipment. The guidance says all equipment used by the service provider must be kept clean and providers should monitor the level of cleanliness. It also says providers should protect personal property.

What Mrs X says

7. Mr Y moved into Farringdon Lodge care home in 2019. He took with him two recliner chairs.
8. In January 2021 Mrs X received a phone call from the care home to say it was closing and that Mr Y would have to find alternative accommodation. Mrs X visited the care home and asked about the chairs. The care home manager said the chairs had been disposed of.
9. The manager said she would investigate the matter. The care home closed in February 2021.
10. Mrs X heard no more so she submitted a formal complaint to the company that owned the care home (the Care Provider) on 1 March 2021. She received a response from the Managing Director asking her to send receipts for the chairs to its insurers, which she did. She received no response, so she contacted her MP, who wrote directly to the Care Provider. It responded on 19 April 2021 saying the chairs were not covered under the terms of the insurance policy.
11. Mrs X says the chairs cost £900 each, and she believes the Care Provider should compensate Mr Y for his loss. She says the chairs would have been of use to other family members.

The Care Provider’s response

12. The Care provider says both chairs were removed from Mr Y’s bedroom many months before the care home closed because of insufficient room in Mr Y’s bedroom. They were placed in the communal lounge and used by all residents, with Mrs X’s permission.
13. The chairs were routinely cleaned in accordance with the care home’s cleaning schedule, but due to strict infection control policies the chairs were disposed of prior to the closure of the care home.
14. The Care Provider acknowledges that Mrs X should have been contacted prior to the disposal of the chairs to ask if she required them, and/or to seek her approval to dispose of the chairs if not.
15. The Care Provider says at the time of the events the care home was not admitting visitors due to the Covid Pandemic.
16. The Care Provider has offered to purchase a new chair for Mr Y at 50% of the costs of the two chairs.

Analysis

17. The Care Provider acknowledges fault in disposing of the chairs without first seeking authorisation from Mrs X. It is the remedy that requires consideration.
18. It is not the Ombudsman’s role to determine Mrs X’s ‘claim’ against the Care Provider, that is a matter for the Courts. Mrs X has the option make such a claim through the Courts. However, it is clear the Care Provider’s actions have caused an injustice to Mr Y, and that requires a remedy.
19. The Care Provider has offered to purchase a new chair for Mr Y. Mr Y may not have need for a new chair. The Care Provider should instead offer Mr Y the same in monetary value.

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Agreed action

20. The Care Provider will within one month of the final decision:

• pay Mr Y half the cost of both chairs, a total of £900

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Final decision

21. The Care Provider failed to seek authorisation from Mrs X before disposing of two chairs belonging to her uncle.
22. The above recommendation is a suitable way to remedy the injustice caused.
23. It is on the basis; the complaint will be closed.

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Investigator's decision on behalf of the Ombudsman