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.