Care and treatment received in September to December 2022 under the initial doctor
37. Dr T complains about the treatment she received from the Trust from September to December 2022.
38. 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 good reason the complainant could not complain earlier.
39. Firstly, we considered the Trust’s actions. The Trust provided a final response within one month, this is in keeping with NHS complaint standards and what we would expect to see. We have not seen any substantial delays in its complaint handling.
40. We consider Dr T became aware of concerns about her treatment between September and December 2022. The fact she submitted a request with PALS also suggests this.
41. In the request she sent to PALS on 28 December 2022 she asked the Trust to inform her what sort of treatment the NHS commissions for burn scars, and also requested the Trust outline her treatment plan to her. At this point Dr T was not entirely happy with the treatment or treatment plan she the doctor had provided.
42. In January 2023 she again asked questions about her treatment. We have not seen any evidence Dr T escalated her concerns to PALS until 28 February 2024, around 14 months after her initial treatment.
43. Dr T did not recognise this part of her complaint as being made out of time. When we asked Dr T why she did not raise her complaint sooner, she informed us she contacted PALS in February 2024 which is within the established timeframe.
44. Our guidance says complainants must have competed the local resolution process with the organisation and then have brought their complaint to us within 12 months. Despite this, we recognise there is NHS guidance that says complaints should be made to the NHS organisation within 12 months of the date the individual knew there was an issue.
45. As Dr T did not contact us until May 2025, the events we have set out above were brought to us at least 16 months outside of our time limit. As Dr T did not approach the Trust about the care in this period until over 12 months after we believe she reasonably knew she had concerns, she has not made this complaint in line with NHS guidelines either.
46. We can see Dr T was unhappy with the response and action flowing from her request to PALS. Her response on 6 February 2023 suggests this. However, she has not provided any reasons for the substantial delay in progressing her complaint to us. Following this we cannot see any justification to set aside our time limit and consider this part of Dr T’s complaint further.
Care and treatment received in April to October 2023
47. Dr T complains about the treatment she received from the Trust from April to October 2023.
48. Again, firstly we considered the Trust’s actions. The Trust provided a final response within one month, this is in keeping with NHS complaint standards and what we would expect to see. We have not seen any substantial delays in its complaint handling.
49. Dr T’s first appointment in 2023 was in April. After that appointment she experienced hyperpigmentation. She informed the doctor about her concerns at the appointment in July 2023. It is our view by July 2023, Dr T knew she had a reason to complain about the treatments in April and July 2023.
50. The final appointments in 2023 took place in September and October 2023. She informed us the doctor ignored advice from the laser practitioner at these appointments. Similarly, it is our view she knew she had a reason to complain about these appointments both in September and October 2023.
51. Dr T did not complain to us until May 2025. This part of her complaint was brought to us at least seven months outside of our time limit.
52. Dr T first complained to the Trust three months after this, in February 2024. The Trust responded promptly in March 2024. Dr T did not return to the Trust with her further concerns until November 2024, around eight months after receiving the Trust’s response.
53. Dr T has not provided any reason that shows why she was prevented from progressing her complaint with the Trust, or from coming to us sooner. We cannot see good reasons to set aside our time limit and consider this part of her complaint further.
Complaint handling
54. Dr T also complains that the Trust discharged her from its services due to her complaint.
55. NHS complaint standards state staff should ensure to welcome complaints and staff who are specifically the subject of a complaint should be made aware of the issues as soon as possible. It further states that staff actively listen and demonstrate a clear understanding of what the main issues of the complaint are and what outcomes they seek.
56. The Trust responded to Dr T’s request for a meeting with the complaints department on 4 March 2024. It advised her that she can make a formal complaint to it listing the specific concerns she wanted it to investigate.
57. On receiving the email, Dr T had a call with the Trust on the same day. We do not have a detailed record of that call, but the Trust’s subsequent emails asking that she clearly sets out her concerns, leads us to conclude the Trust did not receive a formal complaint in the call.
58. Dr T did not follow up with the Trust for eight months. In November 2024 she contacted the Trust requesting a clear and comprehensive response to the issues raised. However, evidence we have seen to dated does not show she provided the Trust with any further details of the issues as it requested.
59. We have seen no evidence of where Dr T clearly explained her concerns regarding her care. Instead, her contact appears to focus on being unable to speak to the complaints team.
60. In May 2024, the Trust offered Dr T an appointment with a consultant plastic surgeon. Dr T rejected the appointment informing it that she would contact the Trust to make another appointment, which she never did. She also denied further appointment requests to discuss her concerns.
61. We have not seen any evidence that demonstrates Dr T did anything to progress her complaint for eight months.
62. The Trust requested Dr T clarify her concerns on various occasions, it also tried to set up a meeting with the consultant who might be able to help. It is our view the Trust has taken reasonable steps to gather information about Dr T’s complaint in order to explore her concerns.
63. For this reason, we are satisfied and the Trust acted in line with the NHS complaint standards. We hope this offers Dr T some reassurance.
Cancelled her appointment and discharged her from its services
64. Dr T also complains that following her complaint the Trust cancelled her appointment and discharged her from its services.
65. Our NHS complaint standards say complainants should be offered the option for formal complaints to be kept confidential. They also explain complaint information should only be shared with those essential to the process.
66. Having reviewed the information provided to us we can see in January 2024 Dr T was offered a new consultant and she accepted this offer. At this stage it appears her follow up appointment was already planned for April.
67. Dr T agreed to the new consultant and a new appointment was scheduled for May. Given part of the rationale for the handover of care was timeliness of her treatment, we recognise how frustrating this was for Dr T.
68. We cannot say why Dr T was told her May appointment was cancelled due to her complaint, but the Trust’s records explain her April appointment was moved to May to accommodate a change of consultant. This was an action that came as a direct result of her raising questions about her care in December 2023, not because of a formal complaint.
69. Despite this we can see how administrative staff may have interpreted it as a complaint and led Dr T to think it was cancelled for this reason.
70. As this was not information relating to a formal complaint we cannot go as far as to say the Trust has failed to act in line with guidance, but we recognise there was an opportunity for it to be much clearer in its communication in Dr T’s records. We can also see that has led to her experiencing avoidable frustration at that time.
71. We have not seen any evidence Dr T contacted the Trust between May and November. Upon receiving further contact from Dr T in November, it offered an appointment on several occasions. When Dr T made a complaint, the Trust has explained what happened and why.
72. The letter from the Trust does not expressly state it will not provide Dr T with care. For this reason, we do not consider there is evidence the Trust actively discharged Dr T, as there were several offers of appointment. However, we appreciate the intonation she has taken from it and understand why she was concerned. We hope our explanation helps Dr T understand the sequence of events and reassure her the Trust’s action have been independently reviewed and were appropriate.