Summary: We will not investigate Mr X’s complaint about the Care Provider’s actions following his mother’s death. The Care Provider investigated his concerns, upheld parts of the complaint, issued an apology, and took steps to improve its service. We could not add to the Care Provider’s response by investigating the matter further. It is also reasonable for Mr X to report the missing items to the police and pursue a claim in court.

The complaint

1. Mr X says the Care Provider failed to follow its ‘Care After Death’ policy by clearing his late mother’s room and packing up her belongings too soon after her death. Which prevented the family from doing it themselves.
2. Mr X also alleges the Care Provider lost some of his mother’s personal items.

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The Ombudsman’s role and powers

3. 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))

4. 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

5. I considered information provided by the complainant and the Care Provider.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X raised concerns about how the Care Provider handled his mother's (Mrs Y) possessions after her death.
8. Mr X said some of his mother’s personal items were missing. The Care Provider reviewed records and conducted a thorough search but could not locate the items or confirm they had ever been there.
9. Staff packed Mrs Y’s belongings within two days of her death without giving her family a chance to do so themselves.
10. The Care Provider did not follow its own procedures for handling possessions after a resident’s death. Its investigation upheld this concern and issued an apology to Mr X.
11. The Care Provider instructed all Care Home Managers to follow its ‘Care After Death Policy’ to ensure families are given the opportunity to manage their loved ones’ belongings appropriately.
12. We will not investigate this complaint as the Care Provider has investigated, upheld parts of the complaint, issued an apology, and taken steps to improve its service. We could not add to the Care Provider’s response by investigating the matter further. It is also reasonable for Mr X to report the missing items to the police and pursue the matter through the small claims court.

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Final decision

13. We will not investigate Mr X’s complaint because we could not add to the Care Provider’s response by investigating the matter further. It is also reasonable for Mr X to report the missing items to the police and pursue the matter through the small claims court.

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Investigator's decision on behalf of the Ombudsman