8. The law says we cannot investigate a complaint where a person has the option to take legal action, unless we consider it unreasonable for them to do so. Our decision is not based on how successful legal action would be, but on whether it is a reasonable option for someone to pursue.
9. We discussed this with Mrs L to understand her circumstances and the outcomes she is seeking. Mrs L explained that she is seeking a financial remedy, acknowledgement of failings and service improvements. She also confirmed that she has instructed a firm of solicitors and is currently pursuing a clinical negligence claim. She says she is currently awaiting a legal opinion on her case.
10. We recognise Mrs L is seeking mixed outcomes, not only a financial remedy. It is possible the other outcomes she seeks could also be addressed through the legal process, depending on how that process develops. This is something Mrs L may wish to explore further with her solicitor.
11. We have considered the law, we note Mrs L not only has the option to take legal action but is actively doing so. For this reason, we have decided not to consider her complaint further.
12. From speaking to Mrs L, it is clear what happened to Mr L had a profound impact on her life. We acknowledge how important this complaint is to her and we thank her for bringing it to us and for speaking with us so openly about what happened.