7. The law says we cannot investigate a complaint where a person has the option to take legal action, unless we consider it is not reasonable for them to do so. We do not base our decision on how successful legal action would be. Rather, we consider whether legal action is a reasonable option for someone to pursue.
8. We discussed this with Mr T to understand his circumstances and the outcomes he is hoping to achieve. Mr T has told us he is seeking a significant financial remedy due to the Trust’s actions.
9. We have seen no barriers to Mr T accessing legal advice. Legal advice can be free of charge, or offered under a conditional arrangement such as, ‘no win, no fee’ services, which would not incur any upfront charges. We understand that Mr T is due to explore his options with solicitors in the coming weeks.
10. Mr T says he would also like an apology and service improvements from the Trust. If the court does not achieve this, he may wish to return to us and ask us to consider this for him.
11. We have considered the relevant factors and law. Mr T could take legal action on the issues he has brought to us. We do not see any barriers to prevent Mr T from pursuing legal action and we think it is reasonable that he does so. We have therefore decided not to consider the complaint further.
12. We recognise how important this matter is to Mr T and the significance of the impact the events have had on him. We thank him for bringing this complaint to our attention.