Summary: We will not investigate this complaint about what happened to the complainant’s insurance claim for missing jewellery in a care home. This is because it is reasonable for the complainant to take his claim to court.

The complaint

1. In summary, Mr X’s late mother lived in a Care Home that was funded by the Council. He complains about the Care Home losing his late mother’s jewellery. He would like the Care Home to settle his claim for £1690.

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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. 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. I considered the Ombudsman’s Assessment Code.

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My assessment

5. When a council commissions another organisation to provide services on its behalf it remains responsible for those services and for the actions of the organisation providing them.
6. Care Homes usually advise residents or their legal representatives that they cannot accept responsibility for valuable items. Residents are encouraged to arrange their own insurance cover where possible.
7. In this case the information I have seen shows the Care Home has acted appropriately. It has apologised to Mr X, called the Police, carried out its own internal enquiries, and referred the matter to its own insurers.
8. I will not investigate because the matter of liability for loss is usually decided in the courts. It is reasonable for Mr X to take the matter to court.
9. The court can decide liability and if Mr X is entitled to claim the costs incurred. There is a simple procedure in the county court for dealing with small claims. Usually, solicitors are not required so the only costs will be the court fees.

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Final decision

10. I will not investigate. This is because it is reasonable to expect Mr X to go to court to decide liability for his claim.

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Investigator's decision on behalf of the Ombudsman