16. The law says a person needs to make their complaint to us within a year of becoming aware of the problem. We cannot investigate complaints brought to us after one year, unless we consider there is a good reason to do so. We have discussed this with Miss E to understand the reasons why she could not do so. We have also considered the time each organisation has taken to respond to Miss E.
17. Miss E first approached us in March 2024. She did not have a final response to all of her concerns yet so we did not consider her complaint to be ready for us until July 2024.
SLAM Trust
18. Miss E complained to the Trust in June 2016 about care she received that January.
She received the Trust’s response in late October 2016. The response told her to contact the Trust if she wanted advice on how to take matters forward through the complaints process.
19. We cannot see that Miss E did this. When she brought her complaint about 2016 to us, it was more than seven years outside of our time limit. We cannot see there was a good reason for waiting so many years following this. As a result, we cannot investigate this complaint.
20. Miss E’s next contact with the Trust appears to have been in December 2022. She was complaining about the care provided in March 2022 and received a response in February 2023. This timescale was in line with the NHS Complaint Regulations.
21. The Trust has no record of hearing from Miss E until her reply more than one year later, in March 2024. It then provided a further response in May. It sent other responses to Miss E’s correspondence, in June and after the complaint came to us.
22. The gap between Miss E receiving a response from the Trust in 2023 and replying is the key factor in the complaint being at least 14 months outside of our time limit. Had Miss E approached us after the 2023 response, or returned to the Trust sooner, the complaint would not have fallen so far outside of our time limit.
23. Based on the available information, we cannot say there is a good reason to put our time limit to one side and look at this complaint.
L&G Trust
24. Miss E disputes that was aware of the concerns she raised at the time of the events, in March 2022. Based on the points she has raised, we consider at the latest, she would have been aware there was an issue very soon after the events. When she brought this complaint to us in July 2024, it was at least 14 months outside of our time limit.
25. We understand Miss E formally complained to this Trust in November 2022. This was within the time limit for complaining to the NHS. She received what the Trust called a ‘verbal resolution’ in December, had contact with a midwife and got a formal response in May 2023. The response advised her to contact the complaints team in three months if she was happy.
26. Miss E says she contacted the Trust about the May 2023 response in June 2023 and waited a year for the final response. This is not consistent with what we have seen. The Trust told us Miss E made a further complaint via the Integrated Care Board (ICB) in March 2024. It responded to this in June and signposted her to us in July 2024.
27. The evidence indicates on both occasions, the Trust responded within the six month timeframe set out in the NHS Complaints Regulations. Had Miss E approached us after the 2023 response, or returned to the Trust sooner as it had advised, the complaint would not have fallen so far outside of our time limit.
King’s Trust
28. We would like to offer our condolences for Miss E’s loss in 2015. She would have been aware of concerns around this at the time. By the time she complained to us in 2024, her concerns about this period of care were more than eight years outside of our time limit.
29. We cannot see that she raised concerns to the Trust about an incident in 2022 when she made this complaint about care in 2015. When the Trust acknowledged Miss E’s complaint, it said her last recorded attendance was in December 2015 which suggests there may be no evidence from 2022.
30. The Trust’s decision not to investigate the complaint about care in 2015 reflects the NHS Complaints Regulations. While we appreciate Miss E may not have felt able to complain as soon as she had concerns, we cannot see there was a good reason for waiting so many years following this. As a result, we cannot investigate this complaint.
31. For the reasons set out above, we cannot justify putting the time limit aside to consider any of the complaints further. We appreciate this is not the outcome Miss E wanted. We hope we have clearly explained why we have decided not to investigate this complaint.