Cheshire and Wirral Partnership NHS Foundation Trust

3. Mr O complains about the care the Trust gave him between October 2019 and May 2021. He says:

• the Trust gave him four types of antipsychotic drugs without checking whether they were suitable for him • the Trust did not monitor the effects of the antipsychotic drugs • the Trust incorrectly diagnosed him as having borderline personality disorder (BPD) (a disorder affecting people’s mood and how they interact with others) and • the Trust did not provide any counselling after he was discharged.

4. Mr O says the events left him feeling suicidal and he stopped taking the medication risperidone (an antipsychotic drug) as he did not feel safe. He says he lost over 20 kilograms in weight and feels as though 2 years of his life were wasted. He says he was eventually diagnosed as being autistic and having attention deficit hyperactivity disorder (ADHD) (a condition that affects people’s behaviour) and says this should have been diagnosed sooner.

5. Mr O wants service improvements and at least £10,000 in compensation as an outcome to the complaint.

8. Mr O’s complaint relates the care and treatment the Trust provided. He says he did not receive the correct care and treatment from the Trust between October 2019 and May 2021.

9. He says the Trust incorrectly diagnosed him as having BPD, gave him several antipsychotic medications without making sure they were suitable and did not monitor the side effects of these medications. He says he did not receive counselling after he was discharged. He says he felt suicidal and was eventually diagnosed as being autistic and having ADHD.

10. The law says we cannot investigate a complaint if a person has the option to take legal action unless we consider this is unreasonable. We do not consider whether legal action would succeed but whether it is a reasonable option to look into.

11. We have discussed this with Mr O to understand his circumstances and the outcomes he wants. We think Mr O could pursue his complaint in court through a clinical negligence claim. Mr O could not take legal action with the specific aim of achieving service improvements, but that could be achieved as a by-product of any action he takes to obtain the compensation he wants.

12. Mr O wants a large amount of compensation and legal action could potentially achieve that for him. We think it is reasonable for Mr O to ask for legal advice to see whether he can achieve the outcome he wants via a court process.

13. As the complaint relates to clinical issues and the treatment provided and because Mr O wants a large amount of compensation, it is reasonable to expect him to ask for legal advice and/or take legal action. We think the courts may be able to provide Mr O with an outcome that suits his requirements.

14. We have not seen any reasons why Mr O cannot ask for legal advice and/or take legal action. Mr O told us he will be taking legal action in relation to another matter, so it seems likely he can do the same with this complaint. We will therefore take no further action on Mr O’s complaint because he can take legal action and we think it is reasonable for him to do this.

15. Once again, we are very sorry to hear of Mr O’s health problems and the impact they have had on him.

1. We have carefully considered Mr O’s complaint about Cheshire and Wirral Partnership NHS Foundation Trust (the Trust). We think Mr O could take legal action on the matter he has brought to us. Here, we explain the reasons for our decision.

2. We understand the events that caused Mr O to complain are very important to him. We recognise the impact the events have had on him. It cannot be easy for him to suspect he did not receive the correct care for his symptoms.