The Ombudsman's final decision
Summary: We will not investigate this complaint about lost items within a care home. This is because it is unlikely we could add to the care provider’s investigation which could not identify how and when the items went missing. It would be more suitable for the police or insurance company to consider the complaint about the missing items, as either theft or a claim to replace the lost items.
The complaint
Mr C says the care provider acting on behalf of the Council lost many items belonging to his mother, Ms D, who lives in a care home. The care provider cannot find the items, explain how the items were lost, or identify any person responsible. Although the care provider has offered payment for the lost items, Mr C does not consider the amount offered is enough.
The Ombudsman’s role and powers
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))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms D lives in a care home arranged by the Council. The Council remains responsible for meeting Ms D’s needs, even though it has contracted Ms D’s care support to a third party. The care provider has responded to Mr C’s complaint, we consider that response is on behalf of the Council.
The care provider accepts it has lost some of Ms D’s belongings. Despite a thorough investigation the care provider cannot confirm how the items were lost. I understand Mr C’s frustration at this, but it is unlikely an Ombudsman investigation could decide this either. If Mr C suspects theft, that is for the police to investigate.
The care provider has offered to replace some items and to pay a sum of money to Mr C so he can arrange to replace other items. Mr C says the amount offered is £500 less than he thinks would cover the lost items. Insurance providers are best placed to consider claims to cover lost items. Mr C can claim on the Council’s, care providers, or Ms D’s insurance to quantify Ms D’s loss.
The care provider has learned lessons about its inventory process and will seek to improve this to prevent future problems. Though any inventory is only as good as the information provided, so also relies on residents and their families to update the care provider of any items brought into or removed from the home during the residents stay.
Final decision
We will not investigate Mr C’s complaint because we could not add to the care provider’s investigation so it is unlikely further investigation would lead to a different outcome. Insurers are better placed to consider the appropriate value to place on lost items.
Investigator's decision on behalf of the Ombudsman