13. The law says we can only consider complaints that are brought to us within one year of the person becoming aware of a reason to complain. We can only consider putting the time limit to one side if there is a good reason to.
14. We asked Ms U if she had looked into taking legal action and if she had been given any quotes. Ms U explained she was ‘worried about the expense’ and that ‘solicitors fees are expensive’. This was her ‘main worry’.
15. Ms U explained she had tried to get some legal advice and had spoken to Citizens Advice. She had a conversation with a legal adviser but they explained there was a fee for more advice and the cost of this became a concern for her.
16. We asked Ms U what happened between 28 April 2021, when we closed her complaint, and 27 April 2023 when she came back to us. Ms U said she did not know where to go. She had been researching the term ‘clinical negligence’ but was only getting results for ‘medical negligence’ which confused her. She said she gave up for a while.
17. We understand that Ms U felt unsure about what steps to take and was concerned about costs. We think it would have been reasonable for her to come back to us and ask for further advice sooner than she has done.
18. Some delays are reasonable. For example, if someone has to wait weeks for solicitors to reply and they come to us soon after this. This shows us the person has done what they can to keep things moving forward.
19. It is difficult to justify putting the time limit to one side for this complaint because the delay is two years. There does not seem to be any practical reason why Ms U could not have come to us sooner. While we understand the concerns and confusion about legal action that Ms U had, this does not fully explain why she waited so long before coming back to us.
20. We understand Ms U’s experience caused her distress and frustration, but it is important that we consider and act within the law. We regret any further upset this decision may cause. We hope this statement clearly explains the reasons why will not be considering the complaint further.