Summary: We will not investigate this complaint about items having gone missing while Mr Y lived in a care home, and the quality of his care. The courts are best placed to consider claims for compensation for lost possessions, and the complaint about Mr Y’s care has not yet been raised as a formal complaint to the Council.

The complaint

1. Mrs X complained the care provider, which the Council commissioned:
• Caused injury to her father, Mr Y;
• Refused to pay compensation for items she suspects were stolen; and
• Failed to deal with her complaint properly.
2. Mrs X says the Council has also refused to accept liability for the items. She says the matter has caused significant stress and led to a long hospital stay for Mr Y. She wants an apology, service improvements and payment for the items that went missing.

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The Ombudsman’s role and powers

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)
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

Quality of care and safeguarding

7. Mrs X says the care provider failed to act properly when Mr Y suffered a fall in its care. The Council completed a safeguarding investigation. Mrs X then complained to us.
8. We must give councils the opportunity to respond to complaints via their own complaint processes before we can investigate the matter. Mrs X has not yet made a formal complaint to the Council about the actions of the care home it funded. This process is separate to the safeguarding investigation process, and provides the Council an opportunity to provide a remedy for injustice if it decides it is appropriate.
9. It is open to Mrs X to complain to us about the matter after she has complained to the Council. She should bring the complaint to us within 12 months of the incident that gave her cause to complain, unless there are good reasons.

Compensation for missing items

10. We will not usually consider complaints about loss or damage to property. This is because they are really negligence claims which the courts are best placed to consider.
11. Mrs X and the care provider disagree about the value of the items in question. It is not our role to assess economic losses or award compensation, and we direct people to the courts where that is their primary goal. It is open to Mrs X to lodge a claim in the small claims court, and there is not a good reason for us to consider the matter instead.

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Final decision

12. We will not investigate Mrs X’s complaint because part of it has not yet been the subject of a complaint to the Council, and part of it is a matter for the courts.

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Investigator's decision on behalf of the Ombudsman