Summary: We will not investigate this complaint about lost items in a residential care home, because it is unlikely further investigation would lead to a different outcome. There is not enough evidence to support the Care Provider’s actions caused the claimed loss. There is also another body better placed to consider the matter, as insurers or a court can assess liability and loss.

The complaint

1. Ms D says the Care Provider lost items belonging to her mother, Ms C, and then delayed responding to the complaint. Ms D says this has caused her time and trouble. Ms D wants the Care Provider to take off money from the outstanding bill to account for the missing items.

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The Ombudsman’s role and powers

2. We investigate complaints about adult social care providers. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• the action has not caused injustice to the person who complained, or
• it is unlikely we could add to any previous investigation by the care provider, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, sections 34B(8) and (9))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms C had a short stay at Acacia Court, which is now run by Laburnum House (Shaw) Limited (the Care Provider).
6. Ms D says during this stay the Care Provider lost some of Ms C’s items and has asked it to take off around £350 from the outstanding bill. The Care Provider says it cannot offer this without receipts to evidence the missing items.
7. There is not enough evidence the Care Provider’s actions caused the claimed injustice, so it is unlikely an Ombudsman investigation will lead to a different outcome.
8. The Ombudsman cannot decide a claim about loss of property, only insurers or a court can assess liability and loss. However, these bodies would also likely require evidence of the loss claimed.
9. Ms D is also unhappy with the way the Care Provider dealt with her complaint. But it is not a good use of public resources to look at the complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.

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Final decision

10. We will not investigate Ms D’s complaint because it is unlikely further investigation will lead to a different outcome. There is another body better placed to consider this complaint, as insurers or courts can assess liability and loss, however they would likely also need evidence to support the claimed loss.

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Investigator's decision on behalf of the Ombudsman