Summary: We will not investigate this complaint about the Care Provider disposing of a deceased resident’s belongings. This is because the Council has agreed to take action to remedy the injustice caused to Mr X.

The complaint

1. Mr X complained the Council-commissioned Care Provider disposed of his father’s (Mr Y’s) belongings when he died. He said the Care Provider claimed to have retrieved some items, but had not then returned them to him. He said the matter worsened his distress and he wanted any items still in the Care Provider’s possession returned to him. He did not want to collect the items from the home.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

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

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My assessment

5. If we were to investigate this complaint it is likely we would find fault causing Mr X injustice. This is because the Council has accepted the Care Provider wrongly took Mr Y’s possessions to a charity shop after his death, and has only been able to retrieve some of them after the error was highlighted. It apologised to Mr X and signposted him to us.
6. I have asked the Council to consider making a symbolic payment to Mr X of £250 at this early stage to recognise the distress and inconvenience the matter has caused him. I have considered the fact Mr X has been given the opportunity to collect the items that were retrieved, and has chosen thus far not to do so. I could not justify asking the Council specifically to deliver the items to Mr X because, while it is not his preferred option, visiting the care home is something he still would have been required to do even if there had been no fault. It remains open to him to collect the items that are at the care home.
7. We could not say at this stage what items were not retrieved from the charity shop, as Mr X has not taken up the offer yet of collecting the items that were. However, in any event it is not the Ombudsman’s role to assess economic losses or award compensation. Where any disputes arise as to the whereabouts of any particular items, the Care Provider’s insurers, and ultimately the courts, should be involved. The above symbolic financial remedy does not include compensation for any items that remain missing, and is purely to recognise Mr X’s distress and inconvenience.
8. The Council has agreed to pay Mr X £250 within one month of this decision. I am satisfied the Council’s agreement to my suggestion provides a remedy for the outstanding injustice that would fall within our remit, and it would not therefore be proportionate for us to investigate the matter further.

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Final decision

9. We will not investigate Mr X’s complaint because the Council has agreed to take early action to remedy the injustice caused by the Care Provider’s actions, that would come within our jurisdiction. It is open to Mr X to collect items the Care Provider was able to retrieve, and any resulting disputes about specific items are for the courts.

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Investigator's decision on behalf of the Ombudsman