The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about damage to Mr Y’s washing machine. This is because claims for damages are for insurance companies or courts to determine. It would be reasonable for Mrs X to ask insurers or the court to consider her claim for damages and costs.
The complaint
Mrs X is acting on behalf of her adult son, Mr Y, in this complaint. She complains a carer from a Council-commissioned provider damaged Mr Y’s washing machine by overloading it. Mr Y and his family have incurred over £400 in costs to replace the broken washing machine. Mrs X wants the Care Provider to reimburse these costs as their employee caused the damage.
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) We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), 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
Mr Y receives care in their home from a Council-commissioned care provider. Mrs X complained a carer visiting Mr Y overloaded the washing machine, causing it to break down.
In response to Mrs X’s complaint, the care provider investigated and met with Mrs X. The investigation was unable to establish who had caused the washing machine to fail.
We will not investigate this complaint. We would not be able to add to this investigation. The care provider says its carers did not visit Mr Y when the washing machine is alleged to have been damaged. In the absence of any additional evidence, we would be unable to establish how the washing machine came to be damaged beyond repair.
It would be reasonable for Mrs X to make an insurance claim against the care provider if she considers it liable and wishes to recover the costs of replacing the broken washing machine. Mrs X also has the option of making a claim to the court if she does not wish to claim through insurers.
Final decision
We will not investigate Mrs X’s complaint because it would be reasonable for her to make a claim against the care provider through insurers or the court.
Investigator's decision on behalf of the Ombudsman