Leeds and York Partnership NHS Foundation Trust

3. Miss O complains about the care and treatment she had from the Trust in October and November 2021.She complains that staff:

· failed in their duty of care by letting her out on the streets when she was mentally unwell and not able to keep herself safe · did not support her after she made multiple attempts to take her own life · were not available to help her when she was upset and vulnerable.

4. Miss O says the events had a physical and mental impact on her and her family. She says her mother collapsed in December 2021 due to the stress of the situation and is getting counselling. She also says her mother has needed a reasonable adjustment at work, as she is not able to travel on motorways because she is triggered by motorway bridges. Miss O says her brother is traumatised after he found her with the police when she was found at a motorway bridge.

5. Miss O says she is unable to complete her law degree, has tried to take her life more than once, and experiences fits and damage from overdoses.

6. Miss O would like compensation for what she and her family have experienced. She would also like service improvements so this does not happen to other people.

7. On 22 October 2021 Miss O took 48 citalopram (antidepressants) and was sent to A&E from her first appointment with a psychiatrist. On 24 October it was arranged for her to be admitted to the assessment unit. On 25 October Miss O was admitted to a centre at the Trust. On 4 November Miss O called her mother and was very upset. Her mother had to call the ward to ask someone to support her, but instead staff let her go out at 10pm in a distressed state.

8. Miss O’s mother was eventually able to find her location using ‘find my iPhone’. Her brother went to the area, which was on a motorway bridge, and saw three police vans. Miss O was taken back to the hospital and her brother followed.

9. On 30 November Miss O went shopping after ward rounds and becoming very upset. She bought 100 paracetamol and took the tablets in an attempt to take her own life.

12. 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 unreasonable in the circumstances. We have discussed this with Miss O and her mother, who is representing her with her complaint. This was to understand Miss O’s circumstances and the outcomes she wants. We do not consider whether legal action would succeed but whether it would be a reasonable option to look into.

13. We think Miss O could take legal action by making a clinical negligence claim. This is because of the potential negligence in care and treatment Miss O says she experienced and the compensation she wants.

14. We looked into whether it is reasonable for Miss O to take legal action. We considered the failings Miss O complains about, how she says she was affected and what outcomes she is looking for. Miss O would like compensation for the lack of care and for her family who experienced physical and mental effects from what happened.

15. Miss O would also like compensation for her future because she cannot complete her law degree. Miss O’s mother says Miss O is still paying university fees although she cannot complete the degree. She also says Miss O is still suffering from the damage that has been done by the overdoses, such as fits and worries about her future.

16. Miss O is not sure of the amount of compensation she would like. We discussed our approach to financial compensation with her and her mother. We also explained that the amounts of financial compensation we may recommend if we find failings are often less than what a court could achieve, because courts can consider things we cannot, such as future costs.

17. Miss O’s mother did not explicitly tell us the amounts we can recommend are too low. But she did not tell us she was happy with what we might recommend. She also mentioned they are happy to explore their options for legal action.

18. The other outcome Miss O is looking for is service improvements. While this is not an outcome a court might order, it is something that can be achieved as a by-product. This is because a Trust would be likely to make improvements to its service if it is found negligent by a court.

19. From the discussions we have had with Miss O and her mother, it seems that compensation is the primary outcome they are looking for. This also suggests it is reasonable for them to explore legal action as the next step for them.

20. We also discussed if there are any barriers to Miss O taking legal action. This included if they are in a financial position to take legal action.

21. Miss O’s mother explained they are willing to speak to a mixture of ‘no win, no fee’ solicitors and other solicitors to explore their options. This suggests the family’s financial situation is not a barrier and they have the capability to pay for legal action if necessary.

22. We have thought carefully about the circumstances of this case. For the reasons we explain above, we think it is reasonable for Miss O to explore the legal route on the grounds of clinical negligence. It is possible the legal route could provide the outcomes she is seeking, and it looks most appropriate for the compensation she would like.

23. We have discussed this with Miss O to make sure she understands the reasons for our decision. We have also advised her that, should legal action not be possible, she can contact us again.

24. If she came back to us, we would need to look at our time limit guidance and if we can investigate the complaint. We advise Miss O to come back to us as soon as possible if necessary.

1. The Parliamentary and Health Service Ombudsman has carefully considered Miss O’s complaint about Leeds and York Partnership NHS Foundation Trust (the Trust). We understand this complaint is very important to her as it is about a time she tried to take her own life. We appreciate the significant effect the issues had on Miss O and her family.

2. We consider Miss O could take legal action on her complaint. Based on this we have decided not to consider her complaint further. We explain our decision in detail in this statement.