The Ombudsman's final decision
Summary: We will not investigate this complaint about jewellery that went missing when Mrs X was a resident in a care home. That is because there are other bodies better placed to deal with the matter and further investigation would not lead to a different outcome.
The complaint
Mr Y complained on behalf of his deceased mother, Mrs X. He said her jewellery had gone missing whilst she was resident at a care home (the Home). Mr X wants the Home to recognise it was negligent in caring for his mother and offer compensation for the loss of jewellery.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide: further investigation would not lead to a different outcome, and there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6)) We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate this complaint about jewellery that went missing whilst Mrs X was resident at a care home. Complaints about missing personal property are best dealt with by insurance, the Police or through the courts. The Home has searched its premises and has been unable to find the missing items. It has reported the matter to the Police. Further investigation by the Ombudsman would not lead to a different outcome.
Final decision
We will not investigate Mr Y’s complaint because there are other bodies better placed to consider the matter and further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman