8. When deciding whether to investigate a complaint, we consider whether there are any reasons why an investigation would not be suitable.
9. This includes considering whether the nature of the complaint is appropriate for us to investigate, or that another organisation may be more appropriately placed to consider the complaint and the remedy sought.
10. The HCA explains what the Ombudsman is legally able to consider. It says we can look at complaints where there has been:
• a failure in a service provided by a health service body, • a failure of such a body to provide a service which it was a function of the body to provide, or • maladministration connected with any other action taken by or on behalf of such a body.
11. Miss A’s main concern around aspects of the treatment she received, is in our remit and covered in the HCA, as it is a claimed failing in the service provided by the Practice.
12. Miss A told us she would like an investigation into the GP’s actions and their fitness to practise, as she wants to prevent this happening to someone else. This is the only outcome she is seeking.
13. Based on what Miss A has told us, we consider it would be more appropriate for another dispute resolution forum. Where a doctor has been implicated, the General Medical Council (GMC) should be contacted. The GMC can investigate issues about a doctor’s ability to practise safely, or significant or repeated failure to meet its standards. If successful, this route could achieve the outcome she is seeking.
14. Miss A could also approach the Care and Quality Commission (CQC) during this time to help achieve her outcome of service improvements, to prevent this happening again. The CQC won’t consider her individual complaint, but can use the information she provides to inform its decision to inspect particular care providers.
15. Miss A has not given us any reason why she cannot take this course of action and we have not identified any reason that would prevent her from doing so. We have also not identified any circumstances or reasons why the GMC is not suitable in this case.
16. Miss A also told us the GP assaulted her during her examination and she felt abused.
17. We consider Miss A’s concern about the assault to be an alleged crime and a Police matter. These matters are not covered under the above HCA specifications and are more suited to be considered as part of a Police investigation. Therefore, we are unable to look at this part of the complaint in any further detail.
18. In summary, we have decided we will not take further action on Miss A’s complaint. I hope we have explained the consideration we have given to our decision and clearly outlined the reasons for it.
19. We understand this must have been a very difficult and distressing time for Miss A. We hope she is able to get what she is seeking to address the significant impact the events had on her.