Summary: We will not investigate this complaint about Ms X’s mother’s jewellery being stolen, or lost by the care provider, during her mother’s stay in a care home. This is because it is reasonable for Ms X to continue legal proceedings and take the matter to Court.

The complaint

1. Ms X complains about her mother’s jewellery being stolen, or lost by the care provider, during her mother’s stay in a care home.

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The Ombudsman’s role and powers

2. 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

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

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My assessment

5. Ms X’s mother, Mrs B, lived in a care home for three years. Ms X says during this period, all of Mrs B’s jewellery were either lost or stolen.
6. Ms X says Mrs B’s jewellery had a value of between £12,000 and £15,000. She has instructed solicitors and started legal proceedings against the care home.
7. Due to the amount of monetary loss Ms X is claiming for, this is a matter best settled through court proceedings as the desired outcome is not something the Ombudsman could achieve. Further, as Ms X has started legal proceedings, it is reasonable for her to continue this alternative remedy.
8. In addition, as Ms X believes the jewellery to be stolen, this is a matter for the Police to investigate.

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Final decision

9. We will not investigate Ms X’s complaint because it is reasonable for her to continue legal proceedings and take the matter to Court.

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Investigator's decision on behalf of the Ombudsman