London Ambulance Service NHS Trust

3. Miss U complains about the care and treatment her son, Y, received from the Trust on 14 March 2022 after he was stabbed. In particular, she complains that a paramedic did not assess him adequately and as a result, they incorrectly advised that no local hospitals would accept him due to him kicking out and being distressed, but this was actually due to his shock and epileptic seizure.

4. As a result of the above, the Trust delayed in transferring Y to hospital for treatment and Miss U wonders if her son’s outcome could have been different had he been assessed correctly. His death has impacted the family a great deal and continues to have a negative effect on their mental health.

5. Miss U is seeking an apology and financial remedy.

7. 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 have discussed this with Miss U to understand her circumstances and the outcomes she wants. We do not consider whether legal action would succeed but whether it would be a reasonable option to look into.

8. Miss U told us that she is seeking compensation in the sum of £12,500 as the Trust did not carry out adequate assessments of her son’s symptoms and as a result, delayed taking him to hospital for treatment. She wonders whether he may have survived had he been taken to hospital sooner.

9. She said the main outcomes she is seeking are compensation and an apology. The Trust has already apologised for some of the issues raised, for example any inappropriate comments made by staff. We consider that she may have a claim for clinical negligence and legal action would be an appropriate route to explore at this stage. This is because the Trust has admitted that some things did go wrong and the high level of compensation she is seeking. We do not believe there are any barriers to Miss U pursuing a legal action as she mentioned she was happy to pursue legal action but felt she could not as her claim may fall outside the limitation period.

10. Since then, we have signposted Miss U to a charity called AvMa to seek advice on whether or not she is able to take legal action as we understand that the time limit can be waived in certain circumstances. We are not able to provide legal advice, so it is important that Miss U explores this fully with a solicitor.

11. If Miss U is able to take legal action and is successful in her claim, she may also receive the further apologies she seeks.

12. If Miss U has any outstanding outcomes which have not been achieved through legal action, she can return to us with her complaint. If she wants to do this, we would urge her to do so as soon as possible, as we usually only consider complaints made to us within a year of an individual becoming aware they have a reason to complain. Taking legal action will not act as a negative factor in respect of timing, so long as she returns to us promptly after it. If Miss U does take legal action, we would need to wait for this to conclude before we consider if any issues are outstanding.

13. We consider that legal action is appropriate for the entirety of Miss U’s complaint and that it may address both the outcomes she is seeking, therefore we have decided not to consider the complaint further.

14. We appreciate how distressing the events have been and continue to be for Miss U and her family and are grateful to her for bringing this complaint to our attention.

1. We have carefully considered Miss U’s complaint about London Ambulance Service NHS Trust (the Trust). We consider legal action is the most appropriate way forward at this stage based on the impact claimed, outcomes sought and level of compensation Mrs A is seeking.

2. We are very sorry to hear that Miss U’s son died and acknowledge that she and her family are devastated by this and have been affected mentally by the events that occurred. We understand the health of Miss U’s children has worsened and hope they are able to get the necessary support. We hope she finds our decision helpful.