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Guy's and St Thomas' NHS Foundation Trust

P-002501 · Statement · Decision date: 14 March 2024 · View Guy's and St Thomas' NHS Foundation Trust scorecard
Complaint (AI summary)
Mr P complained about the Trust's consistent delays in completing Mr E's cardiac surgery and later deeming him unsuitable, failing to offer a second opinion, alleging discrimination.
Outcome (AI summary)
The complaint was closed. The ombudsman was pleased the Trust had agreed to resolve the complaint, so no further action was required.

Full decision details

The Complaint

3. Mr P complains on behalf of Mr E about the Trust’s consistent delays in completing cardiac (heart) surgery from 2019 to March 2023, when it then decided Mr E was no longer suitable for the procedure. Mr P also complains the Trust failed to refer Mr E for a second opinion on his suitability for surgery. He says its attitude was discriminatory towards them because of their sexual orientation and nationality.

4. Mr P says for seven years they were led to believe that Mr E was suitable for cardiac surgery and it had a high chance of success. Cancelling the surgery at the last minute was devastating for them. Mr P says this complaint has been depressing for them and they have been treated terribly.

5. Mr P wants an apology.

Background

6. Mr E is in his fifties and had aortic valve replacement (a type of open heart surgery) at the Trust in 2009. He is disabled, uses a wheelchair and has arthritis in his hands.

Findings

9. Mr P complains the Trust repeatedly delayed completing his partner’s cardiac surgery and this continued for years, until they were told in March 2023 that he was no longer suitable for surgery. He is upset the Trust did not get a second opinion before making its decision. Mr P says when they would attend the Trust for consultations, they would be treated differently and with prejudice in comparison to other patients. They believe this was because of their sexual orientation and nationality.

10. In its complaint response the Trust apologises for their experience and for its delay in responding to Mr P’s complaint. It provided a timeline of events of Mr E’s clinical management from 2019 to March 2023, when it came to the decision that the risks of completing surgery were too high.

11. Mr P wanted an apology for the delayed surgery and decision not to go ahead with surgery. We can see the Trust has already apologised for their experience in the cardiac department and its decision to not do surgery. We think the Trust’s apology for this part of the complaint is appropriate.

12. There is nothing in the Trust’s response about Mr P’s experience when he and Mr E would attend the Trust.

13. We discussed the complaint with the Trust. It said from a review of its complaint file it seemed Mr P had not complained before about the discrimination they felt. The Trust said it would want the opportunity to respond to this and it would investigate and send a reply letter to Mr P and Mr E. We think this is appropriate and in line with our Complaint Standards Framework.

14. Our Complaints Standard Framework gives guidance on how organisations delivering NHS services in England should handle complaints. It states an effective complaint handling system should include promoting a learning and improvements culture, encourage feedback, be thorough and fair and give a fair and accountable decision. It specifically says organisations should make sure apologies and explanations are meaningful and sincere.

Our Decision

1. We have carefully considered Mr P’s complaint about Guy's and St Thomas' NHS Foundation Trust (the Trust).

2. We are sorry to hear about Mr P’s complaint. We understand how upsetting it can be to feel you have been treated unfairly and differently to others. We appreciate this was a very difficult and distressing time for him and his partner, Mr E. We are pleased the Trust has agreed to resolve the complaint.

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