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Barnet, Enfield and Haringey Mental Health NHS Trust

P-002424 · Statement · Decision date: 24 January 2024 · View Enfield and Haringey Mental Health NHS Trust scorecard
Complaint (AI summary)
Miss G complained about a culture of bullying, abuse, and lack of respect and support at a mental health centre, causing her significant trauma.
Outcome (AI summary)
Complaint closed. The ombudsman advised Miss G that she could pursue legal action regarding her complaint.

Full decision details

The Complaint

3. Miss G complains about the care at the Centre between March and September 2023. Miss G’s mother says there was a culture of bullying, lying and physical abuse and there was a general lack of respect, privacy and support.

4. The events caused Miss G trauma and her mental health got worse. The events also affected her mother, father and sister's mental health.

5. The family would like a financial payment of £250,000 to £500,000.

Background

6. Miss G was admitted to the Centre in March 2023 with anorexia nervosa (an eating disorder and serious mental health condition) and self-harming. The Centre is a treatment centre for adolescents with acute mental health issues. Miss G was discharged in September 2023.

Findings

9. 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 Miss G’s mother to understand the family’s circumstances and the outcomes they want. We do not consider whether legal action would succeed but whether it would be a reasonable option to look in to.

10. The events Miss G complains about caused her serious trauma. Miss G’s mother says the trauma and mental scars will likely live with her daughter forever. This suggests the family could take legal action by making a clinical negligence claim.

11. Miss G’s mother told us the family want a financial payment of £250,000 to £500,000. This could be achieved through legal action. We advised Miss G’s mother that we could never achieve such a large payment. We note Miss G’s complaint is within the three-year time limit for making a legal claim. We understand she will have three years from her 18th birthday to make a claim.

12. Miss G’s mother raised concerns about not being able to afford legal action. When we asked if she had considered contacting ‘no win no fee’ solicitors, she said she had not. She said she would discuss it with her husband.

13. The outcome the family want could be achieved by taking legal action. We think it is appropriate and reasonable for them to explore this route.

Our Decision

1. We have carefully considered Miss G’s complaint about Barnet, Enfield and Haringey Mental Health NHS Trust (the Trust). We are very sorry to hear that she has been traumatised by her stay at a centre (the Centre) run by the Trust.

2. Miss G could take legal action on her complaint. This decision is not made without recognising the distress and pain Miss G has felt because of her experience.