13. 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. We have discussed this with Mrs D to understand the reasons why she did not complain to us sooner. We have also considered the time it took for the Trust took to respond to her complaint.
14. Mrs D was aware she was unhappy with the Trust’s actions at the time of her husband’s treatment in May 2020. This means to be in time she needed to come to us by May 2021. She did not approach us until November 2021, so her complaint is six months out of time.
15. We asked Mrs D to tell us about the reasons for the delay. She explained the Trust took a significant amount of time to investigate her complaint and told her she had six months to bring her complaint to us. Further, following her husband’s operation she has been his main carer which has been time consuming. Finally, she says she had to ‘mentally put the complaint to one side’ as she ‘did not want to relive the period when her husband was admitted’.
16. The records show Mrs D first complained to the Trust in June 2020. It provided an initial response to her complaint in October. Mrs D sent a second complaint letter in December. The Trust agreed to investigate her concerns further and provided its final response in April.
17. In total, the Trust took ten months to complete its investigation. The records suggest Mrs D submitted her second complaint promptly and did not cause any unnecessary delays during the complaints process. We accept this ten month delay was outside of her control and it is a good reason to account for this delay.
18. Mrs D did not submit her complaint to us until November 2021, seven months after receiving her final response. We next carefully considered the reasons for this delay.
19. We are very sorry to hear how upsetting and difficult it was for Mrs D following her husband’s operation. We appreciate caring for her husband was her main focus, and it would have been difficult to relive these events when she complained to the Trust and us.
20. It is important to note Mrs D brought her complaint to the Trust independently. This demonstrates she was able to engage with the organisation about her complaint without any additional help. This was at the time her husband had been discharged from hospital and she was his main carer. As her circumstances did not change, it is difficult for us to say she could not have also come to us sooner with her concerns.
21. We have reviewed the Trust’s final response. We can see it did incorrectly advise Mrs D she had six months to complain to us. That said, Mrs D submitted her complaint form in November 2021. This was seven months after receiving her final response, so she was also outside of this suggested time limit.
22. Taking all this into account, we have not seen a good reason to explain the seven month delay after the Trust completed its investigation. That said, we have decided not to put our time limit to one side. We recognise it has taken Mrs D a great amount of effort to speak to us about her complaint, particularly as she struggles to relive the events of her husband’s care. We are grateful for the time she has taken to bring her concerns to our attention.