17. Before we decide whether we will carry out a detailed investigation there are some checks we must carry out. One of these checks includes considering whether we can achieve the outcome being sought by complainant. This is because as an Ombudsman, we are provided for and funded by the public. Therefore, we need to maintain a balance between supporting people in their complaints while ensuring we use our resources to focus on those complaints where we can achieve the outcome sought.
18. This means in some circumstances we will not consider a complaint where we cannot achieve the outcome a complainant has told us will resolve matters for them.
19. Miss R says to resolve her complaint one of the outcomes she is seeking is a financial remedy of £9,950.
20. We have discussed this amount with Miss R and firstly explored whether it is reasonable for her to pursue a legal claim. Miss R has told us there are significant barriers which prevent her from doing so. Miss R told us she is too unwell to engage with the court process and has severe health conditions which would be worsened by this for some time afterwards.
21. We discussed our process with Miss R and shared our guide to financial remedy with her. Our guide is used to help us consider appropriate levels of financial remedy. It allows us to ensure the amounts we suggest are consistent and transparent for everyone who uses our service.
22. We explained if we were to proceed and find failings, it is unlikely we would be able to achieve the amount she is seeking. We have reviewed other cases we have investigated that are like Miss R’s and for the type of impact she has claimed, can see we have recommended smaller amounts which are more in line with the lower end of level 4 on our financial remedy guide of £1,250.
23. Miss R has told us she would not be willing to accept any amount less than £9,950 and has expressed dissatisfaction with our approach and the outcomes we may be able to obtain for her if we were to investigate her complaint.
24. Having carefully considered Miss R’s complaint we have decided not to take any further action. This is because as we have already explained, we do not investigate complaints where we are not able to achieve the outcome sought. Miss R has been clear with what she is hoping to achieve and unfortunately, this is not something our service would be able to help with. For this reason, we will not take her complaint any further.
25. We are sorry to learn of the events that led to Miss R to contact us and the difficulties she has faced. We recognise she has been through a challenging time and do not doubt the impact this has had and continues to have on her. We thank her for sharing the details of her complaint with us. We recognise our decision may be disappointing for Miss R, we regret any further upset this decision may cause her.