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Sheffield Teaching Hospitals NHS Foundation Trust

P-003084 · Statement · Decision date: 7 October 2024 · View Sheffield Teaching Hospitals NHS Foundation Trust scorecard
Complaint (AI summary)
Ms N complained the Trust prematurely discharged her autistic, non-verbal brother before his infection cleared, without suitable provisions. She believes his disability and skin colour influenced his care, leading to his death.
Outcome (AI summary)
The complaint was closed. The ombudsman will not investigate further as the Coroner is considering the matters, and Ms N is also contemplating legal action.

Full decision details

The Complaint

4. Ms N complains about the Trust’s decision to discharge her brother Mr N from hospital on 27 December 2023. She says the Trust should have waited until his infection had cleared, and made suitable provision for his discharge.

5. Ms N said her brother was autistic and non-verbal and so was not able to express how he felt. She says she considers the Trust did not give him the care and treatment he needed because of his disability and his skin colour. Ms N says as a result of what happened her brother sadly died and she has been left devastated. We are sorry to hear how the loss has impacted Ms N.

6. The outcomes she seeks are service improvements and a financial remedy.

Background

7. Mr N was admitted to hospital in December 2023. The Trust treated him with antibiotics as he had pneumonia.

8. One of Mr N’s carers stayed in hospital with him to help provide personal care. The Trust decided it would be better for Mr N to be discharged after two days, as being in hospital was distressing for him. Ms N told us she felt the Trust did not do enough to make sure her brother’s care after discharge met his needs.

9. Mr N sadly died a few days after discharge.

Findings

12. Ms N and the Trust have both told us the Coroner will begin their consideration on 29 November 2024.

13. We consider it reasonable to wait until the conclusion of this consideration. It is possible the Coroner’s inquest will provide answers to the issues Ms N raises, or may raise different issues Ms N wishes to raise with the Trust.

14. Ms N has also told us she has a solicitor who is arranging a medical report. The legislation 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.

15. We do not know at this point whether Ms N has the option to take legal action, or whether this would be reasonable. If Ms N chooses to return to us after the Coroner’s inquest we will have more information to allow us to make this determination.

16. We hope this statement makes clear the reasons why we are unable to consider Ms N’s complaint at this time.

Our Decision

1. We have carefully considered Ms N’s complaint and have decided not to look further at it at this time.

2. This is because the Coroner is going to consider the matters Ms N raises with us. This may provide answers to the issues she raises.

3. Ms N is also considering taking legal action. She will be clearer about her views on this once the Coroner’s inquest has concluded.

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