13. The Health Service Commissioners Act 1993 is the law that gives us our powers. It says complainants must refer the complaint to us within one year from the day they became aware they had reason to complain. We can put the time limit aside if we see good reason to do so.
14. We have considered what Miss L told us on her complaint form and spoke with her to understand the reasons why she could not bring this complaint to us sooner. We have decided it is not appropriate to set aside our time limit.
15. The Trust did not respond to this complaint when Miss L raised her concerns with it in January 2025. It said that, as the concerns Miss L raised related to treatment in 2021 and 2022, the complaint was outside NHS time limits.
16. The Trust cited NHS complaints regulations. Similarly to our rulings, these regulations state that complainants need to take their concerns to the organisation either within 12 months of the incident itself, or within 12 months of the complainant becoming aware they had reason to complain.
17. Miss L has told us she became aware she had reason to complain in late 2021 and Mrs F sadly died in January 2022. It seems that Miss L may have become aware of different elements of the complaint at different times.
18. Even if we were to consider the date of Miss F’s death to be the date she became aware of the issues, which would be the most favourable date we could consider in terms of our time limits, this complaint is approximately two years out of time. For it to be in time, Miss L should have brought it to us by January 2023.
19. We understand that Miss L was not aware of our time limits or those of the NHS. Equally, we recognise that Miss L is disappointed both NHS and our time limits do not mirror those of the courts which allow claimants three years to make personal injury claims.
20. Although Miss L was not aware of the time limits, we do not consider this reason to set them aside. At the very least, had she looked into making a complaint, she would have quickly determined that there are time limits, as this information is in the public domain. She had reason to complain sooner and reasonably could, therefore, have took the complaint to the Trust before 2025. Had she done so, she would likely have then brought it to us sooner.
21. We have also considered the other reasons Miss L has told us about which she says contributed to the delays.
22. We recognise that Mrs F’s death and the impact this had on Miss L will have been significant. This will, understandably, have prevented Miss L raising her complaint immediately after she died.
23. We also recognise that the situation in the years following Mrs F’s death has been a complex one. We understand Mrs F’s husband’s mental health, since his wife’s death, has deteriorated. This, in turn, has led to Miss L being heavily involved in her nieces’ lives.
24. Miss F has told us that there has been involvement from social services due to concerns about her nieces’ wellbeing. Miss L also relocated to be closer to the family and, undoubtedly, plays an important role in her nieces’ care and upbringing.
25. Whilst acknowledging that these issues are likely to have taken up a lot of her time, the delay is so significant that we have not been convinced that there was not an opportunity to raise the complaint sooner, either with us or the Trust.
26. Based on what Miss L has said, her assumption that the time limits would be like those of the courts appear to have played a part in her not raising the complaint sooner. As already noted, we think it would have been reasonable for her to check this.
27. This should not detract from what we know will have been an incredibly difficult few years for Miss L. We hope this statement outlines the reason for our decision and we wish her, and her family, well for the future.