Summary: We will not investigate Ms X’s complaint that the Care Provider gave her relative, Mr Y’s belongings to a person who was not his next of kin, after his death. It is unlikely an investigation would lead to a different outcome or achieve anything more.

The complaint

1. Ms X complains the Care Provider wrongly gave her relative, Mr Y’s belongings to another person who was not his next of kin, after his death.

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The Ombudsman’s role and powers

2. 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:

• we could not add to any previous investigation by the organisation, or
• 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

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

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My assessment

5. In its complaint response, the Care Provider explained how the incident had occurred. It acknowledged Ms X was Mr Y’s next of kin, but said the person who collected Mr Y’s belongings was a regular visitor and had told its staff that they were collecting the belongings on Ms X’s behalf. It had offered to contact the person to request they return the belongings, but Ms X had declined this offer. It explained the actions it had taken since her complaint to improve its procedures and to prevent a similar incident happening in future.
6. We will not investigate this complaint as it is unlikely we could add to the Care Provider’s investigation. Although I accept the matter is likely to have caused Ms X distress, the Care Provider has explained how the incident occurred, acted to learn from Ms X’s complaint and improve its procedures moving forward. An investigation by us would be unlikely to achieve anything more or lead to a different outcome.

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Final decision

7. We will not investigate Ms X’s complaint because it is unlikely an investigation could add to the Care Provider’s investigation or achieve anything more.

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Investigator's decision on behalf of the Ombudsman