14. The Law says a person needs to make their complaint to us within a year of becoming aware of the problem. We cannot investigate complaints brought to us after one year, unless we consider there is a good reason to do so. We have discussed this with Mrs H to understand the reasons why she could not do so.
15. Mrs H had the surgery in April 2023. She was aware of not having sufficient information to make informed consent, her wellbeing not being considered and the lack of information about post operative care at the time of the surgery. To be within our time limit, Mrs H needed to bring her complaint to us by April 2024. She brought her complaint to us in July 2025, 15 months outside our time limit.
16. Mrs H was seen in outpatients in July 2023 where the Trust noted the lump to Mrs H’s nose. There has been no change the lump since. Mrs H was aware of the pain and distress the lump was causing to her from at least July 2023. To be within our time limit, she needed to complain to us by July 2024. She brought her complaint to us in July 2025, 12 months outside our time limit.
17. We spoke to Mrs H about her complaint and the delay in sending it to us. She stated she was unaware of only having 12 months to make her complaint to us.
18. The Trust’s complaint response provides information about how to complaint to us and a link to our website where information on the timescales is available.
19. Mrs H informed us her husband had heart problems and required heart surgery in November 2023. She took one week’s compassionate leave from work to care for her husband after surgery. She states she was able to return to work but found caring for her husband and problems at work too stressful. Mrs H inform us she was signed off unfit for work in December 2023. She does not say she was unable to function but told us she was receiving some counselling to manage her work stress and husband’s illness. She returned to work in February 2024.
20. Mrs H explains between February 2024 and April 2024 the problems at work continued. She says she applied for flexible working and when this was refused, she appealed the decision with her manager, providing documentation from her GP. We accept this would have been a stressful time for her, but she demonstrates she is able to negotiate a complaints and appeal procedure at work and on this basis, we consider she could have progressed her complaint with us.
21. In April 2024 Mrs H was again signed off work due to stress and she made a complaint to her employer about bullying. She remained off work until May 2025 when her employment ended with a negotiated settlement. Mrs H made her complaint to us in July 2025, two months after the conclusion of her employment dispute. We recognise this would have been a stressful time for her, but she demonstrates an ability to negotiate a complex employment dispute and so we can find no mitigation for her delay in making a complaint to us from April 2024.
22. Mrs H says from October 2024 her father was attending medical appointments and was diagnosed with prostate cancer in June 2025. She explains she attended medical consultations with her father, transporting him to hospital and attending the consultations as emotional support. She was not able to provide an exact number of appointments she attended but she stresses there were several before a diagnosis was made for her father’s symptoms. We recognise any investigations and a diagnosis can be stressful and attending medical appointments can be time consuming, but it is not reasonable to put aside this time due to her father’s medical issues.
23. Mrs H was not able to provide any additional information as to why she was unable to make a complaint to us in the five months between April 2024 and October 2024.
24. Overall, we have seen some mitigation for the delay, but we find there is not sufficient reasons for the substantial delay of over 12 months in raising her complaint with us. For this reason, we have decided not to put aside the time limit and we will not consider the complaint any further.
25. It is important we consider and act within the Law and we regret any further upset this decision may cause Mrs H. We hope this statement clearly explains our reasons and shows how carefully we have considered this.