Summary: We will not investigate Ms X’s complaint about the Council’s Care home losing her father’s personal belongings. This is because there is insufficient evidence of fault, we cannot achieve what Ms X wants and a further investigation would not lead to a different outcome.

The complaint

1. Ms X complained the Council’s Care Home lost her father, Mr Y’s, dentures due to a lack of care and items of clothing whilst he resided there for a short period of time. She also complained the Care Home poorly communicated with her in relation to her complaint. Ms X said she and the family had to buy new dentures for Mr Y and the matter caused her frustration. She wants the Care Home to pay towards the cost of the new dentures. Ms X also wants the Care Home to improve its communication with families of residents.

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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:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants, 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 Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X said her father had a temporary placement at the Care Home and during his time there, staff lost his dentures which was a result of not properly caring for them. Ms X also said the Care Home lost several items of her father’s clothing. Ms X complained to the Council. The Council responded to Ms X and said:
• the dentures may have gotten lost during a visit Mr Y took to the community. Staff had made all efforts to look for the dentures but were unable to locate them;
• staff had found some items of clothing and returned them to Mr Y however, Mr Y said they did not belong to him; and
• if Ms X wanted to take the matter further, she could speak with Citizens Advice Bureau to obtain advice on how to make a claim.
6. We will not investigate Ms X’s complaint. This is because we would not be able to establish how Mr Y’s dentures and clothing were lost and so we would not be able to achieve what Ms X wants.
7. Furthermore, the Council advised Ms X to seek advice on how to make a claim should she wish to pursue the matter further. We would also advise Ms X to do the same as she may be able to claim via the Care Home’s insurers or Mr Y’s own insurers.
8. Ms X also said the Care Home poorly responded to her complaint. We will not investigate this part of her complaint either as we are not investigating the substantive matter. It would not be a good use of public money to do so.

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Final decision

9. We will not investigate Ms X’s complaint because there is insufficient evidence of fault, we cannot achieve what Ms X wants and a further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman