17. The Law, section 9(4) says we cannot investigate complaints brought more than one year after the time the complainant was aware of having reason to complain, unless we consider there is a good reason to do so.
18. We have discussed this with Miss A to understand why she was unable to pursue her complaint earlier.
19. Miss A complains the Trusts did not investigate or diagnose Miss T’s symptoms quickly or thoroughly enough. This led to misdiagnosis and her not receiving the correct treatment. In addition, she says CAMHS referred Miss T to a residential facility, but this did not accept her as it could not cater for her behavioural needs.
20. On her complaint form, Miss A says she was aware of having reason for complaint in March 2022. She raised her complaint with both Trusts at this time, bringing this to our service at the end of August 2022. This was within our timescale for consideration.
21. Miss A had the potential to follow the legal route, and her primary outcome was financial (reimbursement of costs for private assessment due to clinical negligence). Therefore, we asked she pursue this route in line with the requirements of the Law, whereby all other options for resolution should be considered before the complaint comes to us.
22. As solicitors did not accept Miss A’s complaint, we reopened the case.
23. We found she had not given the Trusts the opportunity to complete their local resolution processes as both had asked that she go back to them if she remained unhappy with their initial responses. She had not done so, and we asked she go back to the Trusts to give them the chance to resolve her concerns.
24. Miss A provided a copy of the final response from CAMHS in December 2023. We asked whether she wanted us to look at this independently of the complaint with the other Trust or, as the issues were linked, whether she wanted to wait for the other final response before going forwards.
25. We did not receive a response to this email until August 2025, when Miss A sent us a copy of second Trusts final response. She had received this in March 2024.
26. This meant her complaint was made to us three years and five months after the date of her being aware of having reason to complain, and two years and five months outside of our time limit.
27. We made allowance for the delays caused by our service referring her to follow the legal route then again asking her to go back to the Trusts to enable completion of the local resolution processes. This resulted in her complaint being one year and five months out of time.
28. In her email, Miss A explained a lot had happened since she originally contacted us. She said she had needed to raise a complaint about a third organisation and wanted to link that with her original complaint. She had been waiting for the final response for the third complaint but had not received this, so she had decided to move forwards with her original complaint.
29. During a conversation with Miss A, we discussed her reasons for the delay in coming back to us as she was now outside of our time limit. She referred to a lack of time to pursue the complaint and that we had said she should wait for the final response from the third organisation before coming back to us.
30. We explained our records and her timeline do not support her view about the third organisation. We emailed her in December 2023 after she sent a copy of the final response from CAMHS. We said we were able to wait for the final response in respect of the residential facility due to the link to the CAMHS complaint but if Miss A did not want to wait, we could consider the CAMHS issues in isolation. Miss A did not respond to this email.
31. This was our last communication with Miss A until she sent the residential facility’s final response to us in August 2025. We had been unaware of her complaint about the third organisation as her timeline shows she did not raise this until a few days before receiving the final response of March 2024.
32. From the timeline of events Miss A has provided, we can see she has been actively pursuing her complaint with the third organisation since March 2024.
33. There is nothing to show Miss A contacted us after receiving the final response of March 2024 until her email of August 2025.
34. We consider that as she has been able to pursue the complaint about the third organisation, it is reasonable to have expected her to send us the final response she received in March 2024 and to ask whether we could her include her new complaint as part of the same case.
35. We do not consider she has provided strong enough reasons for not doing this. As she received the final response more than one year and five months before coming back to us, this is outside our time limit, and we will not be looking further at this complaint.
36. We realise this is not the outcome Miss A is looking for. Our decision is not intended to detract from the extreme pressure and stress Miss T’s condition continues to place on Miss A and her family. We recognise this has been lifechanging for them and that this continues to be the case.