The Ombudsman's final decision
Summary: We will not investigate this complaint about a Carer allegedly flushing away Mrs X’s dentures. This is because the small claims court is best placed to consider the claim for the cost of replacement dentures.
The complaint
Mrs X complains about a Carer allegedly flushing away her dentures down the toilet. She would like the Care Provider to provide compensation of £327.00 to cover the cost of replacement dentures.
The Ombudsman’s role and powers
We investigate complaints about adult social care providers. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, sections 34B(8) and (9))
How I considered this complaint
I considered the information provided by the complainant. I considered the Ombudsman’s Assessment Code.
My assessment
Where a council commissions or arranges care services from a provider, we treat the providers actions as if they were council actions.
The Care Provider has responded to Mrs X’s complaint by advising that it interviewed the Carer in question. The Carer denied flushing Mrs X’s dentures down the toilet and there is no evidence to support her complaint.
Where someone complains about loss or damage to property, we will normally signpost them to the small claims process. In this case Mrs X seeks reimbursement for the cost of replacing her dentures. The small claims process is best placed to consider this matter and decide whether the Care Provider is liable.
The small claims court fees are on a sliding scale relative to the amount sought. The process is relatively straightforward, and it is not necessary to hire legal representation. There is not a reason for us to consider the matter instead.
Final decision
We will not investigate Mrs X’s complaint because it is reasonable for her to refer the matter to the small claims court.
Investigator's decision on behalf of the Ombudsman