Summary: We will not investigate this complaint about adult social care because there is another body better placed to deal with the complaint and we could not achieve the outcome Mr Y is seeking.

The complaint

1. Mr Y, who is executor to Mr A’s estate, complained that the Council failed to protect a valuable collection of trains and LP’s belonging to Mr A which have now gone missing.
2. Mr Y says this has decreased the estate’s value by several thousand pounds and is looking for this to be returned to the estate.

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The Ombudsman’s role and powers

3. We investigate 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 continue an investigation if we decide we cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. Mr Y’s complaint relates to the loss of property from Mr A’s home. As it does not appear this was agreed to by Mr A at any point, this would be potentially a theft. Such matters are for the police to investigate in the first instance but may also involve any home insurer Mr A may have had to recover any losses. We cannot investigate crimes and we are unable to compensate people for any loss following a crime in the way an insurer can.
6. Consequently, we are not able to achieve the outcome Mr Y is seeking, but also the police and Mr A’s home insurer would be better placed to deal with the issue raised. We will not investigate.
7. If Mr Y feels the Council were negligent, he would need to contact its insurers. The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims. These are legal claims which may only be determined by insurers or the courts.
8. We are not able to decide liability or award damages. Consequently, any claim for damages, such as the loss of property, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. We will not investigate this complaint.

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Final decision

9. We will not investigate Mr Y’s complaint because there is another body better placed to deal with the complaint and we could not achieve the outcome Mr Y is seeking.

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Investigator's decision on behalf of the Ombudsman