The Ombudsman's final decision
Summary: We will not investigate Mrs B’s complaint about her late mother-in-law’s missing jewellery. This is because we could not make a finding on what happened to the jewellery, and it would be reasonable for Mrs B to make a claim against the provider if she believes it is responsible for the loss.
The complaint
Mrs B complained her mothers-in-law, Mrs E’s, jewellery was either lost or stolen by her Care Provider. Mrs B says staff acknowledged and commented on one of the items of jewellery, but the Care Provider is denying it was there. Mrs B says she wants an apology and compensation for the missing items.
The Ombudsman’s role and powers
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.
I considered the Ombudsman’s Assessment Code.
My assessment
The Care Provider says Mrs E’s pins and brooches were put into an envelope for collection, but the envelope has since gone missing. It completed a search of the home but could not find them. It acknowledged some of the items were of sentimental value and apologised for the loss and for any upset caused to the family.
We could not say what happened to the jewellery, some of which the Care Provider did not recall seeing and were not included in Mrs E’s inventory. Mrs B has contacted the police and it will be for them to decide whether to pursue any criminal matters. If Mrs B has evidence of the missing items she can make a claim against the Care Provider’s insurers or make a claim for compensation through the courts, and it would be reasonable for her to do this.
Final decision
We will not investigate Mrs B’s complaint because it would be reasonable for her to make a claim for compensation through either the insurers or the courts.
Investigator's decision on behalf of the Ombudsman