Melrose Court Rest Home Limited (26 011 178)
Category : Adult care services > Residential care
Decision : Closed after initial enquiries
Decision date : 29 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about her relative’s missing jewellery while in the care home. This is because it is reasonable to expect Mrs X to go to court.
The complaint
- Mrs X complains the care home lost jewellery belonging to her relative, Mrs Y. Mrs X seeks compensation for a missing necklace together with an apology.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by the complainant which includes the Care Provider’s response.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X says items of Mrs Y’s jewellery went missing while Mrs Y was under the care of the care home. Mrs X complains the care home failed to take responsibility, did not provide its insurance details or provide compensation.
- We will not investigate. This is because the courts are best placed to consider complaints about missing property and award compensation. Deciding if an organisation is liable for missing property usually involves looking rigorously, and in a structured way at evidence, as only the court can, to make its findings. In addition, only a court can decide if an organisation is liable and so should pay damages. The Ombudsman has no powers to legally determine if the care home is liable for the missing jewellery nor can we compel an organisation to pay compensation.
- So, we will not investigate as we would usually expect someone in Mrs X’s position to seek a remedy in the courts, directly or through Mrs Y’s insurers.
Final decision
- We will not investigate Mrs X’s complaint because it is reasonable to expect Mrs X to go to court.
Investigator's decision on behalf of the Ombudsman