Summary: We will not investigate Mrs B’s complaint about the actions of her late father’s, Mr C’s care provider. This is because further investigation could not add to the care provider’s response or make a finding of the kind Mrs B wants. We are satisfied an apology and changes to policies and procedures remedies the injustice.

The complaint

1. Mrs B complained her late father’s, Mr C’s, care provider disposed of his personal items before she had the opportunity to remove them. Mrs B says the care provider should improve communication with relatives, provide information about its procedures regarding clearing of rooms following a death, provide her with details of who cleared Mr C’s room and actioned the deep clean, provide her with details of when she allegedly attended the home to collect items, change procedures and undertake staff training to clearly show items have been collected, complete inventories of residents belongings, accept responsibility for the missing items and compensate her for the loss and distress caused.

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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:

• it is unlikely we could add to any previous investigation by the care provider, or
• it is unlikely further investigation will lead to a different outcome, or
• 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 Council.
4. I considered the Ombudsman’s Assessment Code.
5. The complainant had an opportunity to comment on my draft decision.

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My assessment

6. The care provider considered Mrs B’s complaint about the loss of Mr C’s personal items who passed away in April 2020. The care provider said it searched for the missing items in November 2020 and January 2021, and, although some items were returned the other items could not be found. The care provider said it spoke to staff who said Mrs B had been allowed into the home following Mr C’s death as Covid-19 was not present in the home at the time. Staff recall Mrs B saying the home could keep Mr C’s CD player and CD’s. It could not say what items Mrs B took with her or clarify whether Mrs B had said she was coming back to collect other belongings. It was unable to establish what happened to the rest of Mr C’s belongings and apologised for the distress caused. It explained shortly after Mr C’s death there was an outbreak of Covid in the home and decided to close the unit Mr C had lived on and have the area decontaminated. It could not say whether Mr C’s room had been cleared at the time or whether those decontaminating the area had emptied the room. It confirmed the area had undergone a significant renovation since that time and nothing remained there. The care provider confirmed all areas were searched but could not say what had happened to the missing items.
7. The care provider says there is no evidence of an itinerary of Mr C’s belongings having been carried out when he became a permanent resident in the home. It says its policies and procedures have been reviewed and amended to include the need to complete a personal belongings inventory for every resident and clarity for staff about how to store items following a residents death. The care provider says it has now purchased Dignity Bags to be used when packing residents belongings, not only to ensure the dignity of residents but to reduce the risk of items being discarded.
8. The care provider has explained it has undertaken a thorough search of the premises and could not say what happened to the items or say when they were taken or whether they were disposed of. We could not make a different finding or say what happened to them even if we investigated. Mrs B can make a claim for the missing items through the small claims court if she believes the care provider should compensate her for the missing items. The care provider has apologised, amended its policies and procedures and we are satisfied this remedies the injustice caused to Mrs B.

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Final decision

9. We will not investigate this complaint. This is because further investigation could not add to the care provider’s response or make a finding of the kind Mrs B wants.

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Investigator's decision on behalf of the Ombudsman