Summary: We will not investigate Ms X’s complaint about her sister’s belongings going missing at the Council’s commissioned Care Home where she resides. This is because we could not add to the previous investigation and a further investigation would not lead to a different outcome. There is also another body better placed to consider Ms X’s concerns.

The complaint

1. Ms X complained the Council’s commissioned Care Home was responsible for her sister, Ms Y’s, belongings going missing. It caused Ms X distress. She wants the Care Home to implement measures to prevent a recurrence of fault.

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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, or
• there is another body better placed to consider this complaint.

(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 Y is a resident at the Council’s commissioned Care Home.
6. Ms X complained to the Care Home and said several items which belonged to her sister have gone missing. Ms X alleged people in the Care Home were responsible for the missing items. Ms X said some of the items had sentimental value.
7. In response to Ms X’s complaint, the Council and the Care Home carried out an investigation. It concluded that it could not uphold Ms X’s allegations. This was due to a lack of supporting evidence. It said it would take reasonable steps to protect Ms Y’s belongings.
8. We will not investigate Ms X’s complaint. This is because we would not be able to establish how Ms Y’s belongings went missing and whether the Care Home was liable. Therefore, we could not add to the previous investigation and a further investigation would not lead to a different outcome.
9. Furthermore, it would be reasonable for Ms X to approach the courts as the courts can decide whether the Care Home was liable.

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Final decision

10. We will not investigate Ms X’s complaint because we could not add to the previous investigation and a further investigation would not lead to a different outcome. There is also another body better placed to consider her concerns.

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Investigator's decision on behalf of the Ombudsman