15. The law sets out that complaints about NHS services in England must be made within 12 months of the date of the event complained about, or the date the person became aware of the issues they complain about.
16. The law also 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.
17. Mrs F asked us to consider her complaint two years after the time of the events, and one year outside of our time limit. We have discussed this with Mrs F to understand the reasons why she could not come to us earlier. We have also considered the time the Trust took to respond to Mrs F.
18. Mrs F told us she became aware of her cause to complain when Mr F sadly died on 24 July 2022. By law, she would have needed to bring her complaint to us by 25 July 2023.
19. Mrs F complained to the Trust on 15 February 2024, 18 months after the time of the events complained about, and six months outside of the time limit for making a complaint about NHS services in England. The Trust responded to Mrs F’s complaint in June 2024, and Mrs F asked us to consider her complaint in July 2024.
20. We have not seen anything to make us think the complaint has gone outside our time limit because of the time the Trust took to provide the response.
21. We explored with Mrs F the reasons for the delay in making her initial complaint to the Trust. Mrs F says after her husband’s funeral she was unable to function, and she was told she had post-traumatic stress disorder (PTSD). She says she was unable to sleep and constantly relived events every day. Mrs F says when she started to recover from the shock of what had happened, she felt guilty for not fighting harder for her husband’s needs and this prompted her to make her complaint.
22. We are sorry to hear Mrs F was so severely affected by what happened to her husband during the last few weeks of his life. We acknowledge she has understandably been through an extremely distressing experience.
23. We have taken into account that bereavement does not have a set timeline, and people may react differently to grief. Mrs F did not raise her complaint to the Trust until 18 months after the events. We think there was an opportunity for Mrs F to have sought help and support from an advocacy organisation, which would have helped her to raise a complaint sooner.
24. It is clear it has been a difficult time for Mrs F. Even taking into account the impact of the grieving process on Mrs F, we do not think Mrs F’s reasons justify the extent of the delay in bringing her complaint to us. Unfortunately we are unable to set our time limit aside in this case and we will not be considering her complaint further.
25. It is important we consider and act within the law and we regret any further upset this decision may cause. We thank Mrs F for bringing her concerns to us.