7. The law says we cannot investigate a complaint where a person has the option to take legal action, unless we consider it is not reasonable for them to do so. 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.
8. We asked Miss L about this to understand her circumstances and the outcomes she is hoping to achieve. Miss L has told us she is seeking a financial remedy of £12,450 or more for the Trust’s actions.
9. Miss L has confirmed there are no barriers to her accessing legal advice. Legal advice can be free of charge, or offered under a conditional arrangement such as, ‘no win, no fee’ services, which would not incur any upfront charges.
10. Miss L says she would also like service improvements from the Trust, to prevent this happening to other vulnerable people. If the court does not achieve this, she may wish to return to us and ask us to consider this for her.
11. We have considered the relevant factors and law. Miss L could take legal action on the issues she has brought to us. We do not see any barriers to prevent Miss L from pursuing legal action and we think it is reasonable that she does so. We have therefore decided not to consider the complaint further.
12. We recognise how important this matter is to Miss L and the significant impact the events have had on her. We thank her for bringing this complaint to our attention.