Lincolnshire Partnership NHS Foundation Trust

3. Mrs I complains about care and treatment provided to her son, Mr I, by Lincolnshire Partnership NHS Foundation Trust, United Lincolnshire Teaching Hospitals NHS Trust and University Hospitals of Leicester NHS Trust. Her concerns span a lengthy period from 2011 to 2023 leading up to Mr I’s death.

6. The law says we cannot investigate a complaint where a person has the option of a legal remedy, unless we consider it is not reasonable for them to pursue this. 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.

7. We consider legal action is an option for Mrs I and it would be reasonable for her to pursue this further. We discussed this with Mrs I to understand her circumstances and the outcomes she is hoping to achieve.

8. Mrs I confirmed she sought legal advice and shared this with us. The solicitor Mrs I approached explained to take on a claim this must meet their minimum threshold of a 51% chance of success. The solicitor’s view was this threshold was not met, so they are not able to take on Mrs I’s claim.

9. That said, the solicitor referred to evidence of poor care and suggested it may be worth Mrs I contacting alternative firms as their risk assessment criteria may be different.

10. We asked Mrs I why she has not contacted other solicitors. She explained she found the process stressful and did not want to have to explain the situation again. We appreciate Mrs I’s concerns about the process. As she has already put together her concerns and evidence to send to one solicitor, it should not cause too much extra work or stress sending this to alternative ones. We consider Mrs I may benefit from seeking advice from alternative solicitors, who may have a different threshold for taking on a claim.

11. Mrs I initially told us she is seeking a financial remedy of £42,500, which is much larger than the amounts we would usually recommend in similar cases. Although Mrs I says she would consider a lesser amount, it is clear a large financial remedy is important to her, and this is why she has been in contact with a solicitor.

12. We have taken into account that Mrs I says she would also like an apology and service improvements. Even though the courts cannot recommend these actions directly, if she is successful in pursuing legal action, this could lead to the organisations taking those other actions. If this does not happen, Mrs I has the option of returning to us and asking us to consider these outcomes.

13. Overall, we have seen no barriers to Mrs I getting further legal advice, which she can get without paying any legal costs. We understand how important this complaint is to Mrs I and she has the option of returning to us if she cannot find a solicitor able to take on her claim.

1. We have considered Mrs I’s complaint about the organisations. We consider Mrs I could pursue legal action on the matters she has brought to us.

2. We would like to take this opportunity to extend our sincere condolences to Mrs I for her loss. We appreciate her experience continues to cause her distress.