Quantum Care Limited (21 018 194)
The Ombudsman's final decision:
Summary: Ms X complained Providence Court care home has been unable to locate and return her late mother, Mrs Y’s possessions which were placed in the care home’s safe while Mrs Y was a resident at the care home. There is no evidence the Care home stored any of Mrs Y’s possessions in its safe or that it misplaced them.
The complaint
- The complainant, whom I shall refer to as Ms X complained Providence Court care home has been unable to locate and return jewellery, money and other items belonging to her late mother, Mrs Y which were placed in the care home’s safe while Mrs Y was a resident at the care home.
The Ombudsman’s role and powers
- 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)
- If we are satisfied with an organisation’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)
How I considered this complaint
- As part of the investigation, I have:
- considered the complaint and the documents provided by Ms X;
- made enquiries of the Care provider and considered the comments and documents the Care provider provided;
- discussed the issues with Ms X;
- Ms X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
- Mrs Y moved to Providence Court, (the Care home) over ten years ago. Mrs Y funded her own care, but the placement was arranged by the council. Ms X states she was not involved with the choice of care home or any of the arrangements.
- The Care home completed a list of personal possessions on Mrs Y’s admission. The possessions form requires the person completing it record the how many there are of each item, a description, and whether it is marked/ named. There are also columns marked In and Out.
- Under the section for jewellery and valuables this listed a watch with a black strap. The Care home then completed a further list of personal possessions two weeks later when Mrs Y’s placement became permanent. The jewellery and valuables section of this list details several other items including Mrs Y’s wedding ring, two war medals, a silver locket, a gold bangle and pearl earrings.
- The possessions lists state the care home cannot store jewellery or large amounts of cash in its safe. It also notes that two signatures are required for recording items in the jewellery and valuables section. There is not a section on the form for these signatures. Two members of home staff have initialled each item recorded in this section in the In and Out columns.
- Following Mrs Y’s death in 2021 Ms X and her brother asked the Care Home to return Mrs Y’s possessions and any money held on her behalf in the home’s safe. The Care home returned the money held for Mrs Y to the council who were acting as Mrs Y’s deputy and managed her finances. It also advised Ms X that none of Mrs Y’s possessions were stored in the Care home’s safe.
- Ms X made a formal complaint to Quantum Care stating she had repeatedly asked the Care home to account for jewellery, money and other missing items belonging to her mother, but had not received a response. She asked Quantum Care to confirm:
- Where Mrs Y’s possessions which were kept in the safe were now;
- The policy on residents’ valuables;
- Where Mrs Y’s spending money of more than £200 was; and
- Why no one had returned her calls, emails or letters.
- Quantum Care responded and confirmed there was no record in the safe log of Mrs Y’s possessions being deposited there. It noted the signatures in the In and Out column of the possessions list but stated this did not mean the items had been deposited in the safe and later removed. The double signature was in line with its policy.
- Quantum Care confirmed its policy also stated “We are not responsible for any personal items including money, jewellery, clothing, property or valuables. The customer or next of kin must take out personal insurance for any such items.” It stated the social worker who facilitated Mrs Y’s placement signed the “On Admission checklist” which acknowledged the care home is not responsible for money jewellery or valuables.
- In addition it confirmed it had returned Mrs Y’s spending money to the council following her death as the council held deputyship for Mrs Y’s finances.
- Quantum Care noted it had not received any emails or correspondence from Ms X and asked her to confirm the email address she had used to contact the Care home. It also noted Ms X and her brother had met with the Care home’s deputy manager who had explained the position and provided details of the social worker dealing with Mrs Y’s deputyship.
- Ms X was not satisfied with Quantum Care’s response and has asked the Ombudsman to investigate her concerns. She states the family were told by three different people that Mrs Y’s possessions were put in the safe and she does not consider Quantum Care’s response is adequate. Ms X maintains the Care home should be held accountable for Mrs Y’s missing possessions.
- In response to my enquiries Quantum Care states that when valuables are deposited into the safe a deposit log is completed and retained until the family has collected the valuables. At that point the log is archived. It states that as Mrs Y did not deposit any items in the safe there is no safety deposit log. Quantum Care states Mrs Y did not have any items of value in the home.
- Quantum Care also refer to a safeguarding investigation in 2011 in relation to concerns about financial abuse of Mrs Y by family members. It states the investigation concluded Mrs Y did not have capacity to manage her affairs and was at high risk of being exploited. This led to the appointment of a Deputy to manage Mrs Y’s finances.
Analysis
- Ms X was not involved in choosing or arranging the placement at the Care home and was not with Mrs Y when she moved to the Care home. A social worker from the Council signed the necessary paperwork on Mrs Y’s behalf. It is unclear who told Ms X that Mrs Y’s possessions were stored in the Care homes safe, or when she was told this.
- I consider the format of the Care home’s personal possessions list has the potential to lead to confusion and should be revised. Staff are required to sign next to each item, with items of value requiring two signatures, yet there is no column for a second signature. Nor is there a separate column to record items to be stored, temporarily, or otherwise in the home’s safe.
- A member of staff has initialled in the ‘In’ column next to each item of Mrs Y’s possessions, including items of clothing and toiletries, which would clearly not be expected to be stored in the safe. I do not therefore consider the initials in the ‘In’ column next to the items of jewellery and valuables confirm that these items were placed in the Care home’s safe. It is simply a record of the items Mrs Y had with her at the time. Similarly, I do not consider the second set of initials in the ‘Out’ column are evidence the items had been removed from the safe. But rather are the initials of the second signatory required by the Care home’s policy.
- It is unclear what has happened to Mrs Y’s possessions over the decade or so she lived at the Care home. But there is no evidence the Care home agreed to store Mrs Y’s jewellery, money, or possessions in its safe, or that it has misplaced them.
Final decision
There is no evidence the Care home stored any of Mrs Y’s possessions in its safe or that it misplaced them.
Investigator's decision on behalf of the Ombudsman