Oxleas NHS Foundation Trust

3. Mr Y complains about the following aspects of care and treatment Oxleas NHS Foundation Trust (the Trust) provided to him when he was detained at a prison between September and December 2020. He says staff: • failed to give him correct medication to manage his long- term health conditions, • did not allow him to see a doctor for help with his mobility issues, • did not provide him with physiotherapy, • did not provide him with equipment he needed.

4. As a result of the claimed failings, Mr Y says he is in constant pain. He says he experiences symptoms of stress, anxiety, fear, nausea, vomiting, delusions, suicidal thoughts, nightmares and cramps. He says he is unable to sleep and eat properly, He says he now needs a carer and uses a wheelchair.

5. By bringing this complaint to us, Mr Y would like a financial remedy and service improvements.

7. The law says we cannot investigate a complaint where a person has (or had) the option to take legal action, unless we consider this is (or was) unreasonable in the circumstances. We have discussed this with Mr Y to understand his circumstances and the outcomes he wants. We do not consider whether legal action would succeed but whether it would be a reasonable option to look in to.

8. Mr Y says the lack of care and treatment he received from the Trust caused harm to his mental and physical health. We have identified Mr Y could potentially pursue a clinical negligence claim. In line with our legislation, we have considered whether it would be reasonable for him to do so, given the outcomes he is seeking.

9. Mr Y says he wants a financial remedy of at least £20 000 and service improvements as an outcome of his complaint. He says he does not want to pay for a solicitor, but there are no other barriers that would prevent him or make it difficult for him to pursue legal action.

10. We appreciate Mr Y is concerned as about the financial impact of pursuing legal action. Clinical negligence claims can often be funded can by way of a ‘no win no fee’ agreement. Only a solicitor would be able to confirm if they can take on Mr Y’s claim on this basis. We consider it would be reasonable for him to obtain legal advice to see if this would be an option for him.

11. Mr Y is seeking a significant amount of financial remedy, outside that which we would typically recommend for his claimed injustice. A court would be able to carefully consider and assess an appropriate amount of compensation for the impact Mr Y says this has had on him.

12. Mr Y would also like the Trust to implement service improvements as he says he does not want this to happen to anybody else. Service improvements can sometimes be a by-product of a clinical negligence claim. If there are any outstanding outcomes that cannot be achieved through the legal claim, he can bring the complaint back to us to consider further.

1. We have carefully considered Mr Y’s complaint about Oxleas NHS Foundation Trust (the Trust). We have decided Mr Y could take legal action on the matter that is he has brought to us.

2. We are sorry to hear about Mr Y’s concerns and appreciate this has been a difficult time for him.