Summary: We will not investigate this complaint about valuable items going missing in a care home. The courts are best placed to deal with negligence claims and claims for compensation.

The complaint

1. The complainant complained about a family member’s (Mrs X’s) jewellery having been lost or stolen from a care home. They said the estimated value was £12,000, and the items also held sentimental value. They said this caused significant distress. They said the Care Provider offered £1,000, which was not satisfactory. They wanted reimbursement for the full value of the items.

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The Ombudsman’s role and powers

2. 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:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, sections 34B(8) and (9))

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How I considered this complaint

3. I considered information provided by the complainant and the Care Provider.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X’s jewellery went missing when she resided in a care home. The Care Provider searched but could not find the items, and the police were involved.
6. The Care Provider offered £1,000 to Mrs X to settle the matter, referring to its contract which set out its expectations for residents to obtain their own insurance for valuable items. The family were not satisfied with the Care Provider’s offer and complained to us.
7. It is not the Ombudsman’s role to assess economic losses or award compensation, and where that is a person’s primary goal we will normally signpost them to the courts. In this case, the complainant seeks compensation of £12,000 to cover the value they say the missing or stolen jewellery had. We could not achieve this outcome.
8. The courts are best placed to consider the matter. Doing so will involve interpretation of the contracts in place, which we cannot do. Only the courts can decide whether the Care Provider is liable to pay the full cost of the items. We will not investigate the matter instead.

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Final decision

9. We will not investigate the complainant’s complaint because the courts are best placed to consider negligence claims and claims for compensation.

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Investigator's decision on behalf of the Ombudsman