A practice in the North Yorkshire area

2. Mrs N complaints about information the Practice and the Trust shared with a mental health tribunal in July 2019. She considers the information was inaccurate and led to the tribunal making an incorrect decision. She says this caused her distress and has had a significant financial impact. She seeks compensation for the trauma and financial impact of at least £600,000.

3. On 31 July 2019 a tribunal took place to consider a decision to detain Mrs N under Section Two of the Mental Health Act. The tribunal considered evidence from various sources, including the Practice and the Trust. It concluded that Mrs N should remain detained.

4. Mrs N found out about the evidence the organisations presented to the tribunal when she obtained copies of her medical records in January 2022. She believes a consultant from the Trust, and staff from the Practice, provided inaccurate information. She complained to both organisations in December 2022. Neither of the organisations consider they provided inaccurate information to the tribunal.

6. 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. An appeal about a tribunal decision would be a form of legal action.

7. The correct process to challenge the evidence presented to the tribunal would be to contact the court. Mrs N could also make a complaint to HM Courts and Tribunals Service (HMCTS). We also cannot investigate complaints about decisions to detain people under the Mental Health Act. The Care Quality Commission is responsible for considering those complaints.

8. Mrs N also seeks a significant financial remedy, which appears to be the only outcome she seeks. We would expect someone seeking a large compensation payment to seek legal advice. While we can make recommendations for a financial remedy, the amounts we recommend are typically much smaller than would be the case with a successful legal claim.

9. We can see how upsetting these events have been for Mrs N. We are unable to start a detailed investigation of her complaint because she has (or had) an option to take legal action that is (or was) reasonable for her to pursue.

1. We have carefully considered Mrs N’s complaint about a GP practice in the North Yorkshire area (the Practice) and Tees, Esk and Wear Valleys NHS Foundation Trust (the Trust). We consider she could take legal action on the matter she has brought to us. This means we have decided not to start a detailed investigation of her complaint. We recognise this will be disappointing for Mrs N.