Summary: Mr A has complained about the actions of the Home and a Trust regarding the loss of his mother’s engagement ring. We will not investigate due to there being no likelihood of achieving the outcome Mr A wants.

The complaint

1. Mr A complains about the actions of Care UK Community Partnerships Limited (the Home) and London North West Healthcare NHS Trust (the Trust) in relation to his mother’s, Mrs B, lost engagement ring. He says that fault on the part of the Home, the Trust or both led to his mother’s ring being lost to the cost of £6,050. In addition, this has led to distress for him as the ring had sentimental value to his family. Mr A would like to know what happened to the ring and for the value of the ring to be reimbursed. He would also like changes made so it does not happen to anyone else in the future.

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The Ombudsmen’s role and powers

2. The Ombudsmen provide a free service, but must use public money carefully. They may decide not to start or continue with an investigation if they believe:
• it is unlikely they could add to any previous investigation by the bodies, or
• they cannot achieve the outcome someone wants.

(Health Service Commissioners Act 1993, section 3(2) and Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered the information provided by Mr A, the Home and the Trust
4. Mr A had the opportunity to comment on my draft decision before I made this final decision.

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What I found

Background

5. In early March 2020 Mrs B suffered a fall and was admitted to Ealing Hospital. The Trust said at Ealing Hospital, three rings were recorded into its inventory for her property. Mrs B was moved to the Home approximately two weeks later for rehabilitation.
6. The Home has said there was no record taken at that time of her admission of Mrs B’s jewellery.
7. Unfortunately, Mrs B’s suffered breathing problems, and she was admitted to the Emergency Department in Northwick Park Hospital in early April 2020. She was moved to a ward later that day and the property record states ‘no property at all’.
8. Mrs B sadly died five days later. The property list taken the next day recorded two rings.
9. However, when Mrs B’s family collected her possessions, they noticed the third ring, her engagement ring, was missing.
10. Mr A made a complaint to both the Home and the Trust in April 2020. He also informed the police. The police said with no suspects and a lack of evidence it would take no further action in the case.
11. The Home said its policy was to record all material items residents arrive with. It could not find evidence of this happening in Mrs B’s case and so did not know what property she arrived with. The Home said the ring could have been lost:

• in Ealing before Mrs B’s transfer,
• during the transfer,
• at the Home,
• during the transfer to Northwick Park,
• in the Emergency Department of Northwick Park or;
• during her transfer to the ward

12. Because of this the Home said there was no direct evidence the ring was lost or removed at the Home.
13. The Home said its admissions agreement stated residents were responsible to insure all their property and that if they were found to be negligent their total liability was limited by the policy to £1,000. The Home offered £250 to Mr A as a goodwill payment and said it was now its policy to discuss property with all new residents or their families and give them the option of keeping valuables off site, or in the Home’s safe.
14. The Trust said according to their property policy Mrs B’s property should have been recorded on admission. It said due to the Covid situation in March and April 2020, staff could not be sure all property was stored correctly. However, it stated that it could not be sure when the property was lost and it was sorry it could not reunite the family with the ring.
15. Mr A is unhappy with these responses as he feels the Home and Trust have admitted fault and should reimburse him for the loss of the ring. He also said it had caused great distress to the family the thought the ring could have been taken from their mother whilst she was ill.

Analysis

16. Notwithstanding the Covid situation, the Trust and the Home have accepted there was fault as they strayed from their policies in not recording Mrs B’s property at the beginning of her stays with them. What is less clear is how we could establish a link between the failure to record and the subsequent loss of the ring.
17. The lack of recording means we cannot narrow down where or when the ring was lost, and an investigation would not get any closer to finding the truth in this matter.
18. Since we cannot link the fault of the lack of recording to the actual loss of the ring, we cannot then achieve the outcome Mr A wants of reimbursement for the loss of said ring.
19. Both the Home and the Trust have apologised and changed their practices to prevent this happening in the future and this is one of the outcomes Mr A wants. In addition, the Home has offered a goodwill payment. Bearing this in mind we would not achieve more from investigating this complaint. In addition it would not be proportionate to investigate due to the likelihood we would still not be able to find out where, when or whose fault it was that the ring was lost. Therefore, we will not investigate this complaint.

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Final decision

20. I will not investigate this complaint as it would be unlikely to achieve the outcome he wants and the Home and the Trust have taken appropriate action to remedy the situation.

Investigator’s decision on behalf of the Ombudsmen

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Investigator's decision on behalf of the Ombudsman