Summary: We will not investigate this complaint about a missing piece of furniture from a care home, and how the Care Provider on behalf of the Council has handled the complaint. This is because the complaint is a late complaint to the Ombudsman. Even if the complaint was not late we would not investigate because Ms B could take the matter to court to claim for the missing item, or make an insurance claim. The Ombudsman will not investigate complaint handling where we are not investigating the substantive matter complained of.

The complaint

1. Ms B says a care provider, acting on behalf of the Council, lost her mother’s chair. Ms B says she has chased the matter since December 2021 but only had acknowledgement of her complaint and no real response. Ms B feels ignored, so is frustrated, and upset. Ms B worries that if a chair can disappear, then other residents may easily lose belongings.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council and/or care provider has done. (Local Government Act 1974, sections 26B and 34D, 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 Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council arranged Ms C’s care at Holyrood House (the Care Provider), and remained responsible for meeting Ms C’s care needs while she lived there. The Care Provider acts on the Council’s behalf.
7. In December 2021 Ms B told the Care Provider that a chair from her mother’s room had gone missing. The chair was one of a pair, with the other remaining with Ms C’s husband, and had sentimental value to the family.
8. The Care Provider is still looking into the issue 20 months later.
9. Even though the Care Provider is still considering the matter, that would not prevent Ms B from pursuing her complaint to the Ombudsman. Ms B has known about the issues complained of for more than 12 months and has given no reasons she could not contact the Ombudsman sooner. This is a late complaint in accordance with paragraph two.
10. Had Ms B taken some other action, that would have reduced the impact on her in terms of her time and trouble chasing the Care Provider. There were alternatives available to Ms B such as an insurance claim or a claim to small claims court for the value of the missing chair. Though I appreciate Ms B’s driver is not the cost of the chair, but the chair itself, which Ms B accepts is now unlikely to be found.
11. Ms B is also unhappy with the way the Care Provider on behalf of the Council dealt with her complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.
12. Though Ms B raises concerns about the possibility of other residents belongings going missing, I do not consider there is evidence of a wider public issue that would warrant an Ombudsman investigation. Other residents, or their families on their behalf, can raise their own complaint about such matters. Also, when living in a care home you are advised to have suitable insurance to cover your personal belongings, and the care provider should also have suitable insurance.

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Final decision

13. We will not investigate Ms B’s complaint because it is a late complaint. But even if the complaint was not late, we would not investigate because there are other avenues open to Ms B to resolve the issue, such as an insurance or court claim. The Ombudsman will not investigate complaints about complaints procedures where we are not investigating the substantive matter complained of.

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Investigator's decision on behalf of the Ombudsman