7. Our powers arise from the Health Service Commissioners Act 1993. This law gives us the discretion to decide whether or not to investigate a complaint further. To ensure we exercise this discretion consistently, we use our Service Model guidance.
8. Our Service Model guidance recognises that some complaints can be considered by both us and another complaint handler. When this happens, we usually consider that only one investigation should take place.
9. Mr L brought his complaint to us in December 2024. We were able to begin our consideration of his complaint in July 2025. During this time, Mr L continued to pursue his concerns about the Trust further with NHS England.
10. We spoke with Mr L on 7 August, and he advised of the independent investigation being commissioned by NHS England. We explained that, usually, only one investigation should take place at any one time. We explained what our organisation does, how we consider complaints, and the outcomes we could potentially achieve. Mr L was unsure which service to engage with, and we gave him time to consider his options.
11. On 29 August, Mr L confirmed that he would prefer to await the outcome of the NHS England investigation before asking us to consider his complaint.
12. We have advised Mr L that this means we cannot consider his complaint further at this time, and he has agreed with this approach. We have explained that he can return to our service following this investigation and we can reconsider whether we should investigate his concerns.
13. Whilst we are taking no further action at this time, we recognise the devastating impact of the claimed failings.