8. 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 do not consider whether legal action would succeed but whether it would be a reasonable option to look in to.
9. We have discussed this with Mr S to understand his circumstances and the outcomes he wants. Mr S explained he contacted us first because he would not know where to start with legal action and has no experience with it.
10. We explained the law says somebody should take legal action first if this is an option for them. Mr S did not know this, but it is something he is willing to explore.
11. Mr S wants a financial payment to resolve his complaint. We recognise he is looking for the maximum amount given the circumstances. We think legal action would be the best option for looking to achieve a significant payment.
12. In our discussions with Mr S, we explored if there were any barriers to him taking legal action. We understand Mr S is not experienced in this area but is open to looking into this further.
13. We have not seen any significant barriers to Mr S taking or at least exploring legal action and we think this is the best option for him.
14. Mr S can return to us if his circumstances change, if legal action is not successful, or if it does not achieve the outcome he is looking for.
15. We would like to take this opportunity to repeat how sorry we are to hear about his experience. We hope we have clearly explained the reasons for our decision.