11. The law says a person needs to make their complaint to us within a year of becoming aware of the problem. We cannot investigate complaints brought to us after one year, unless we consider there is a good reason to do so.
12. Mrs H brought her case to us outside of this time limit. We discussed this with Mrs H to understand the reasons why she could not bring her case to us earlier. We were sorry to hear Mrs H is still going through a difficult time and suffering from pain. We also considered the time the Trust has taken to respond to Mrs H. Having done this, we cannot see good reasons to explain the passage of time before Mrs H raised her complaint to us. Despite this, we do not want Mrs H to feel our decision diminishes the effect the issues (in her complaint) have had on her. We explain why in more detail below.
When Mrs H was aware of her complaint and when she approached us
13. Mrs H originally brought her complaint to us in January 2021. In her account about what happened, Mrs H explains she was aware of the problems regarding her pipelle biopsy (to take a sample of tissue from the lining of the womb) and the results of the ultrasound report in November 2013. This part of the complaint is approximately six years out of time.
14. Mrs H explains she was aware of the problems leading up to when she was diagnosed with ovarian cancer, between January 2014 to May 2014. This part of the complaint is approximately five years out of time.
Complaint Procedure
15. On 26 June 2016, Mrs H contacted the Trust about making a complaint. Mrs H says she was advised to put her complaint in writing. On 26 June 2019, Mrs H contacted the Trust to see if it would still look at her complaint given the length of time that had passed. On 1 July 2019, the Trust responded to Mrs H asking for details of the specific concerns she wanted to raise.
16. On 6 July 2019, Mrs H sent her written complaint to the Trust. Two days later, Mrs H received an email acknowledging her complaint. In October 2019, Mrs H received a response from the Trust explaining that there was a delay in investigating her complaint and that it would aim to response by the end of November 2019. In November 2019, the Trust contacted Mrs H to advise it would aim to respond to her complaint by 9 January 2020. On 27 January, Mrs H received a final complaint response from the Trust. The Trust took seven months to issue its first complaint response to Mrs H.
17. In October 2020, Mrs H raised further questions to the Trust. In February 2020, the Trust issued a second complaint response. In January 2021, we received Mrs H’s complaint. the Trust took five months to issue a second complaint response to Mrs H.
Reasons for the delays
18. From September 2013 and May 2014, Mrs H was under the care of the Trust. Mrs H told us she lost confidence in the Trust and in June 2014, she had her GP arrange to transfer her care to another Trust.
19. On 23 June 2014, Mrs H started her first cycle of chemotherapy which ended in November 2014. We understand this must have been a difficult time for Mrs H. From November 2013 until November 2014, Mrs H waited to see if her care improved. When this did not happen, Mrs H says she did not make a complaint at the time as she had been left traumatised with how the Trust had treated her. She also says she was coming to terms with her cancer diagnosis and with having her first cycle of chemotherapy. We consider this period to be an unavoidable delay.
20. In December 2014, Mrs H told us she had been informed by her doctors that her cancer was in remission, but this was only temporary, and at most she may have a year to live. Mrs H also said she knew she wanted to make a complaint about the care and treatment she received from the Trust, but her priority at the time was to focus on her health. From December 2014 until mid-June 2015, Mrs H focused on recovering her health and putting her personal affairs together, for example checking her Will. Mrs H also said she was receiving counselling for her depression. We consider this period to be an unavoidable delay.
21. From June 2015 until April 2016, Mrs H told us she had work done on her house and said she was organising the jobs and building work, which took a great deal of her attention and energy. Mrs H said she did not have the energy to make the complaint at that time. Mrs H also said during her treatments, appointments and scans, her daughters took turn to support her.
22. Mrs H told us her daughters had taken time off work and away from their children to support her, and she did not want to take any more of their time than was necessary. Mrs H also told us she was dealing with all these matters on her own. We recognise that during this period, Mrs H remained unwell, but this does not mean she was unable to make her complaint to the Trust or have a family member support her in making the complaint. We consider the period from June 2015 to April 2016 to be an avoidable delay.
23. On 26 June 2015, Mrs H contacted the Trust to lodge a complaint. Mrs H says she was advised to submit a written complaint.
24. Between July 2016 and March 2017, Mrs H told us she was collating the information (from clinical letters, emails, appointment diary, scans, and notes she had taken) to put her complaint together. Mrs H also told us it took her many months to collate the information, as she was still poorly and found it distressing to recall the events. We recognise that recalling the events must have been difficult for Mrs H. She told us she did think about getting support in putting her complaint together but did not know who to approach, or that such support would be available. She believed her only avenue was to complain to the Trust.
25. Mrs H told us she did not specifically ask the Trust if it could support her in making the complaint, or about any organisations she could approach for support. Mrs H believed she would not receive any help from the Trust, as it did not offer her help when she first contacted them. Mrs H also told us she did not ask anyone for help (her daughter or her GP). Mrs H said her GP had been of great help to her, but she did not ask her GP as she felt it was not something they would be involved in. Mrs H said she did not ask any of the staff at Hospital A (the Trust she had been transferred to) for help as she believed it had nothing to do with them. Mrs H also said she did not carry out her own research because she felt she had enough to deal with and did not think anyone could help her.
26. While we appreciate Mrs H wanted to put the complaint together herself, we find the time she had taken to put her complaint together to be excessive. Mrs H had access to resources such as the Trust’s complaint team, her GP, and staff at Hospital A, from whom she could have asked about organisations who could support her in making her complaint such as an advocate or Citizens Advice Bureau. We consider the period from June 2016 to March 2017 to be an avoidable delay.
27. Mrs H told us at the end of March 2017, she had been informed by her doctors that her cancer has returned. We recognise this news was upsetting for Mrs H. In April 2017, she had an MRI scan and in May 2017 she started her second cycle of chemotherapy. In November 2017, Mrs H’s second cycle of chemotherapy ended. Mrs H told us whilst she was having her chemotherapy, she managed to organise many other building jobs for her house. From April 2017 until November 2017, we find there was an opportunity for Mrs H to have made her complaint to the Trust, but it appears Mrs H had chosen to prioritise works to her house during this time. We consider this period to be an avoidable delay.
28. In December 2017, Mrs H told us she started on a new drug called niraparib (treatment option for ovarian cancer), which was to extend the time between chemotherapy treatments. Between January 2018 and February 2018, Mrs H also told us she was referred to the Respiratory Consultant and attended various appointments and appraisals and was supported in this by her daughters. During this period, there was an opportunity for Mrs H to make her complaint to the Trust.
29. In March 2018, Mrs H told us she developed problems from the drug she had taken in December 2017. This resulted in her having to receive a blood transfusion. Between April 2018 and February 2019, Mrs H said it took her many months to adjust to the drug dosage. Mrs H also said during this period she continued to sort out her personal affairs and was collating more information for her complaint. Mrs H told us she was ready to send her complaint at the same time she had been informed by her consultant that she would need more treatment. Mrs H said she did not ask anyone to send the complaint to the Trust on her behalf. From January until February 2018 and from April 2018 to February 2019, there was an opportunity for Mrs H to make her complaint to her Trust. We consider this period to be an avoidable delay.
30. From March 2019 until June 2019, Mrs H told us she was put on a Merch-Serono drug trial (a company drug-trial). Mrs H said the trial was intensive and she suffered an allergic reaction to one of the drugs, which resulted in her being hospitalised for approximately four to five weeks. Mrs H also said she was supported by her daughters who took her to her appointments. We consider this period to be an unavoidable delay.
31. On 26 June 2019, Mrs H told us she contacted the Trust to see if it would still look at her complaint. On 1 July 2019, Mrs H said she received a response from the Trust who asked her details of the specific concerns she wanted to raise. Mrs H said she contacted the Trust’s complaint department to find out what information the Trust required, and she was advised by the Trust to put her concerns in the form of questions. Mrs H said this was the first time she received help from the Trust.
32. On 6 July 2019, Mrs H sent her written complaint to the Trust. On 8 July 2019, Mrs H received an email acknowledging her complaint. On 24 October 2019, Mrs H told us she received a response from the Trust apologising for the delay in investigating her complaint and that it would aim to respond by 29 November 2019. In November 2019, Mrs H said she received a telephone message from the Trust advising her it would aim to respond by 9 January 2020. On 27 January 2020, Mrs H received a final complaint response. From July 2019 and January 2020, Mrs H went through the Trust’s complaint procedure. We consider this period to be an unavoidable delay.
33. Mrs H told us she was upset with the final response and did not go back to the Trust until October 2020. Mrs H also told us she contacted our office in February 2020, to have us look at her complaint. Mrs H said we advised her we could not look at her complaint until all her concerns had been addressed.
34. Between February 2020 and May 2020, Mrs H told us she was preparing a response to the Trust to have her outstanding questions answered, and during this period she had also been referred to a Respiratory Consultant. We note that the questions Mrs H raised with the Trust were the same questions she had raised in her original complaint of 6 July 2019. From February 2020 until May 2020, there was an opportunity for Mrs H to raise further concerns with the Trust. We consider this period to be an avoidable delay.
35. In June 2020, Mrs H told us she went for an MRI scan and a CT scan and was told that she was to undergo a fourth cycle of chemotherapy. Prior to having the chemotherapy, In June 2020, Mrs H said she had a minor operation on her kidney. In July 2020, Mrs H started her chemotherapy. In November 2020, Mrs H received a second response to her complaint.
36. In December 2020, Mrs H contacted our office about her complaint. We advised Mrs H she needed to complete our complaint form and to send us the Trust’s final response. On 6 January 2021, Mrs H told us she received her final cycle of chemotherapy. On 10 January 2021, we received Mrs H completed complaint form. Between June 2020 and December 2020, Mrs H started her fourth cycle of chemotherapy, attended appointments, and was waiting on the Trust for a final response. We consider this period to be an unavoidable delay.
37. We have considered Mrs H’s explanation for the delay in bringing her complaint to us and whether there is enough evidence for us to set aside our time limit. We recognise the years have been difficult and stressful for Mrs H. We do not find sufficient reason to put the time limit to one side. We would like assure Mrs H we do not believe in any way this diminishes the effect the issues raised in her complaint have had on her. We will take no further action on this complaint.