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Harrogate and District NHS Foundation Trust

P-004377 · Statement · Decision date: 28 November 2025 · View Harrogate and District NHS Foundation Trust scorecard
Transfer, discharge and aftercare Transfer, discharge and aftercare No person-centred care
Complaint (AI summary)
Mr Y complained his son was incorrectly discharged without diagnosis or treatment, and the Trust disregarded private medical opinions. This resulted in prolonged pain and further surgery.
Outcome (AI summary)
The ombudsman found no indications of inadequate investigation or incorrect discharge. The Trust was also not obligated to accept private clinician opinions.

Full decision details

The Complaint

5. Mr Y complains on behalf of his son about Harrogate District NHS Foundation Trust:

• incorrectly discharged his son without diagnosis or treatment in November 2022 • did not accept private osteopath and private physio opinions on his son’s condition.

6. As a result, Mr Y says:

• as the Trust discharged his son without treatment, he is still suffering from pain and discomfort and this impacts his schoolwork, playing sports, fitness and his wellbeing

• he says his son had to have surgery in spring 2023, and may have to have more surgery as the first surgery was only partially successful

• he feels his son may not have needed more surgery if the Trust had dealt with him correctly the first time.

7. Mr Y is seeking acknowledgement of failings, apology, financial remedy for impact, and reimbursement of private costs.

Background

8. This background is only intended to place the key events related to this complaint in context, not to provide a full, chronological account of everything that happened.

9. At the time of the events Mr Y’s son was 16 years old.

10. On 25 March 2022, Mr Y’s son had a consultation with his GP. Mr Y’s son presented with shoulder pain which had been ongoing for several months. Mr Y’s son was examined and found to have normal alignment in his neck and shoulders, and a neurological examination was normal. The Practice referred Mr Y’s son to MSK service at the Trust for further investigation of his shoulder pain.

11. On 11 May, Mr Y’s son had a consultation with a consultant elbow and shoulder orthopaedic and physiotherapist at the Trust. Mr Y’s son was examined and thankfully no significant abnormalities were found. Mr Y’s son was referred for an MRI scan for further investigations of his symptoms.

12. On 10 August, Mr Y’s son had an MRI scan.

13. On 24 August, Mr Y’s son attended a consultation with a consultant shoulder and elbow orthopaedic and physiotherapist at the Trust to discuss the results of his MRI scan. It was reported Mr Y’s son’s MRI scan results were normal and there appeared to be no structural cause for his pain.

14. On 7 November, the Trust wrote to Mr Y’s son to explain it would not be offering any future appointments in the MSK department regarding his shoulder pain.

Findings

Treatment and discharge

18. Mr Y says his son was inappropriately discharged without treatment in November 2022. Mr Y says as the Trust discharged his son without treatment, he is still suffering from pain and discomfort and this impacts his schoolwork, playing sports, fitness and his wellbeing.

19. We will now consider if the Trust adequately investigated Mr Y’s son’s shoulder pain and whether it inappropriately discharged him from the MSK service in November 2022.

20. From Mr Y’s son’s medical records, we can see he was referred to the Trust’s MSK service by his GP due to ongoing shoulder pain on 25 March 2022.

21. We can see Mr Y’s son had an initial consultation with an orthopaedic and physiotherapist at the Trust on 11 May. The NICE guidelines ‘Shoulder pain’ provides guidance on the assessment and management of shoulder pain in patients aged 16 and over.

22. The guidelines say an assessment of a person with shoulder pain involves taking a history and performing an examination of the shoulders. From Mr Y’s son’s medical records, we can see a full history of Mr Y’s son’s condition and shoulder issues were considered by the consultant and physiotherapist.

23. We can also see there was an assessment of Mr Y’s son’s shoulder girdle, spine, muscles, range of movement, palpation, strength, stability and rhythm of the joints, and a nerve test. Our adviser said this was an appropriate assessment and was in accordance with NICE guidelines on shoulder pain.

24. Our adviser said no significant abnormalities or causes for Mr Y’s son’s shoulder pain were found during the consultation on 11 May.

25. The GMC’s ‘Good Medical Practice’ sets out the standards expected by all clinicians. Section 15b says clinicians should promptly provide or arrange suitable advice, investigations, or treatment where necessary.

26. From Mr Y’s son’s medical records, we can see he was referred for an MRI scan for further investigation of his shoulder pain following the consultation on 11 May. This was a suitable investigation in line with ‘Good Medical Practice’.

27. From Mr Y’s son’s medical records, we can see he attended a further consultation with the orthopaedic consultant to discuss his MRI scan results on 24 August. Our adviser said Mr Y’s son’s MRI results were normal and there appeared to be no structural cause for his shoulder pain.

28. We can see Mr Y’s son’s case was discussed between a consultant orthopaedic and physiotherapist who were both in agreement there was no further intervention required by the MSK team.

29. From Mr Y’s son’s medical records, we can see he was discharged from the MSK service in November 2022. We understand why Mr Y had cause for concern about his son’s discharge.

30. Our adviser said as there was no indication of any musculoskeletal cause for Mr Y’s son’s pain, no musculoskeletal treatment could be offered, it was therefore appropriate to discharge him from the service.

31. Having reviewed all the available evidence, we consider the Trust adequately investigated Mr Y’s son’s symptoms and made an appropriate discharge.

Private diagnosis

32. Mr Y says the Trust did not accept a private osteopath and private physio opinions on Mr Y’s son’s condition. We were sad to learn a private osteopath diagnosed Mr Y’s son with hypertonic diaphragm.

33. We will now consider if the Trust should have accepted the diagnosis of hypertonic diaphragm from the private osteopath. Our adviser said hypertonic diaphragm refers to a tight or overactive diaphragm.

34. As we have previously explained, Mr Y’s son’s shoulder pain was adequately investigated in line with NICE guidelines by the Trust’s MSK team who found no musculoskeletal causes for his shoulder pain.

35. We therefore would not expect the Trust to accept the opinion of a private osteopath, when its own clinicians had already made appropriate investigations in line with clinical guidelines.

36. Our adviser explained hypertonic diaphragm would not generally be within an MSK physiotherapist or orthopaedics’ scope of practice. Our adviser said hypertonic diaphragm is more commonly used in osteopathy and would therefore be within an osteopath’s scope for management of such a condition.

37. The HCPC ‘Standards of proficiency for physiotherapists’ is the standards of proficiency expected by all physiotherapists.

38. Section 4 of the standards say physiotherapists must practice as autonomous professionals making their own professional judgments, recognise they are personably responsible for and must be able to justify their own decisions, use their own skills and knowledge to make informed decisions.

39. We therefore consider physiotherapists to be autonomous professionals who exercise their own independent judgement, and any treatment given by a professional would need to be based on assessments made by the professional providing the treatment.

40. We therefore do not consider the Trust was under any obligation to accept the report or diagnosis from the private osteopath or physiotherapist.

Conclusion

41. We hope we have clearly explained the reasons for our decision regarding the concerns Mr Y has raised and where possible reassure him with our explanation of the care provided by the Trust.

42. We would like to thank Mr Y for giving us the opportunity to consider his complaint.

Our Decision

1. We have carefully considered Mr Y’s complaint about the Harrogate and District NHS Foundation Trust (the Trust). We were saddened to learn about his son’s shoulder problems and how it has affected him. We appreciate it would have been very upsetting for Mr Y to see his son in pain.

2. We have decided not to take any further action on this complaint. Based on the evidence we have seen no indications the Trust did not adequately investigate Mr Y’s son’s shoulder pain or discharged him incorrectly.

3. We also consider the Trust is under no obligation to accept the opinion or report from a private clinician.

4. We go onto fully explain our reasons for our decisions below.

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