The Ombudsman's final decision
Summary: We will not investigate this complaint about money Mrs X says was stolen from her uncle, Mr X, by a carer. The courts are best placed to consider the matter.
The complaint
Mrs X (Mr Y’s niece) complained staff from Mr Y’s care provider stole £4,450 from him. She said the Care Provider refused to accept liability for refunding Mr Y, despite the police finding theft had taken place. Mrs X said the matter had caused significant distress and impacted on Mr Y’s quality of life. She wanted the Care Provider to return the money.
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
We will not normally investigate a complaint about lost, damaged or stolen possessions. This matter is for the police. Mrs X says the police investigated and decided theft had taken place, but did not proceed with criminal charges against any individual. The Care Provider dismissed the member of staff it says was responsible.
We normally signpost people to the courts where their primary aim from complaining is compensation for lost possessions. Given that the police have not progressed the case further, it is open to Mrs X to proceed with a civil claim, should the Care Provider’s (or Council’s) insurers decline to refund Mr Y.
It is reasonable in this case to expect Mrs X to take the matter to court, despite the potential costs of doing so, considering the outcome she seeks is a refund of Mr Y’s stolen money. The courts are best placed to decide who is liable to refund Mr Y and their decisions are legally binding. It is open to Mrs X to seek legal advice for confirmation of who the claim should be brought against, and she can ask the courts to also make an order for costs. There is not a wider complaint within our jurisdiction, and no good reason for us to consider the complaint instead of the courts.
Final decision
We will not investigate Mrs X’s complaint because it is a claim for compensation relating to stolen money, which is a matter for the courts.
Investigator's decision on behalf of the Ombudsman