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 financial remedy of £12,450 for the organisations’ actions. Mr T said he has previously sought legal advice and has been advised he has a case to pursue once he has had the treatment he needs.
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.
10. Mr T says he would also like an apology from the organisations. 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.