Summary: We will not investigate this complaint about missing items which belonged to the complainant’s deceased mother. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is unlikely we could add to the response the complainant has already received. It is also reasonable for them to make a claim against the care provider’s insurance or to pursue the matter in court.

The complaint

1. The complainant, whom I shall refer to as Mr X, complained the Care Provider failed to return items which belonged to his mother (Mrs Y) after she passed away.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. 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

4. I considered information provided by the complainant and the Care Provider.
5. I considered the Ombudsman’s Assessment Code.

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What I found

Background

6. The Care Provider has responded to complaints from Mr X. It said items including candles and pottery were disposed of when they were not collected “after a significant period of time”. It has offered a final payment of £350 for the candles after Mr X provided evidence to support the valuation. It said it did not send the other items of pottery to the family as it wrongly assumed they had been left to Mrs Y by another resident. It said that due to concerns raised by the family involving the other resident, staff were worried it might be seen as insensitive if these items were sent to the family. The Care Provider has said Mr X can make a claim against its insurer if he is unhappy with the amount offered.
7. As well as the pottery items which Mr X says were worth £150, he has referred to a magnifier worth £115. In response to my enquiries the Care Provider says this was last used in 2018. It says that due to the passage of time it cannot say what happened to the magnifier.

Assessment

8. I understand how upset Mr X is about the missing items which belonged to his mother. But we do not investigate all the complaints we receive. We need to consider if we can achieve the outcome the person wants, and if we are the most appropriate body to consider the complaint.
9. Based on the information I have seen it is unlikely we could ever say what happened to the missing magnifier.
10. The Care Provider says it only disposed of the items because they were not collected. It is unlikely we could add anything to this response.
11. The issue at the heart of this complaint is that Mr X is unhappy with the offer of compensation the Care Provider has made. The Care Provider has said he can claim against its insurance if he is unhappy with the offer. I see no reason Mr X should not make such a claim. If the Care Provider rejected a claim, it would be reasonable for Mr X to take the matter to court. The process is simple and inexpensive. The Court could then decide if the Care Provider was responsible for the lost items and if it should pay compensation. It could give Mr X the outcome he wants and so we will not investigate.

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Final decision

12. We will not investigate Mr X’s complaint because it is unlikely we could add anything to the response already provided. It is also reasonable for Mr X to make a claim against the care provider’s insurance or to pursue the matter in court.

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Investigator's decision on behalf of the Ombudsman