8. The law says we cannot investigate a complaint where a person has (or had) the option to take legal action, unless we consider this is (or was) unreasonable in the circumstances. We have discussed this with Mr W to understand his circumstances and the outcomes he is seeking. We do not consider whether legal action would succeed but whether it would be a reasonable option to look in to.
9. We understand Mr W is currently in the process of taking legal action. As set out above, the law sets out somebody should take legal action in the first instance before coming to us.
10. We recognise Mr W is seeking a mix of outcomes, and how important these are to him. As part of this, Mr W is seeking a financial remedy. Legal action may be best placed to look to achieve a more significant financial remedy. We acknowledge he is also seeking service improvements, which may be a byproduct of legal action.
11. As Mr W has told us he would like to pursue legal action, we think this is reasonable at this time. Mr W has also explained to us inquest proceedings are currently ongoing. This would also be a reason for us not to consider the complaint at this time. We hope this process helps Mr W in seeking more information about his mother’s death and achieving the outcomes he is seeking.
12. Mr W knows at the end of the above processes, if his circumstances change or it does not achieve all outcomes he is seeking, he may be able to return for us for our consideration.
13. We hope we have clearly explained the reasons for our decision, to not consider Mr W’s complaint further at this time. We thank him for taking the time to contact us.