Summary: We will not investigate this complaint about the Care Provider acting on behalf of the Council’s alleged failure to properly safeguard Mr X’s mother’s Mrs Y’s personal belongings. This is because an investigation would not lead to a different outcome.

The complaint

1. Mr X complained the Care Provider acting on behalf of the Council misplaced his late mother Mrs Y’s belongings.
2. He said he has been caused upset by the Care Provider’s actions.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X contacted the Care Provider following his mother Mrs Y’s death to collect her belongings. Mr X says when he was allowed to pick them up, items on the inventory were missing.
7. Mr X complained to the Care Provider about the missing items and a meeting took place to discuss the situation. It was agreed the Care Provider would take a time to locate the items and get back in touch with Mr X.
8. The Care Provider investigated Mrs Y’s room and interview staff members that had interacted with Mrs Y and located some of the items but not all. The Care Provider confirmed the items remained lost and agreed to waive the outstanding care charges on Mrs Y’s balance as recompense. The Care Provider also advised that it would change its process to ensure family members were present during inventory taking to ensure this did not happen again.
9. Mr X remains unhappy with the situation and wants us to find the Care Provider at fault. The Care Provider has conducted a thorough investigation and made changes to ensure that the likelihood of residents losing property is reduced. The Care Provider has also waived the outstanding balance for Mrs Y’s care charges as a goodwill award. These were reasonable actions for the Care Provider to take and it is unlikely further investigation would result in a different outcome.

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Final decision

10. We will not investigate Mr X’s complaint because an investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman