3. Mrs H complains about the care and treatment the Trust gave her father, Mr D between 13 April and 5 May 2025.
4. She says as a result of what happened her father died. This has affected her mentally, emotionally and physically.
5. The outcomes she seeks is a financial remedy.
6. Mrs H made a complaint to the Trust in June 2025 about the care and treatment the Trust gave her father.
7. The Trust provided a written response to this complaint in August 2025.
8. Mrs H brought her complaint to this office promptly in August 2025, after receiving this response.
9. She has also approached a charity that gives help and advice in pursuing a clinical negligence claim.
12. 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.
13. We discussed this with Mrs H to understand her circumstances and the outcome she wants. Mrs H told us she is seeking financial compensation. This is something that potentially may be pursued through legal action, specifically through a clinical negligence claim.
14. We are generally not able to provide the same levels of financial remedy that a court can. Whilst we are able to make some recommendations for financial remedy, we consider the courts are the correct place for Mrs H to see if she can achieve the outcome she is seeking.
15. Mrs H has told us she is currently being advised by a firm of solicitors and is being helped by the charity mentioned in paragraph 9. It is possible the firm may consider legal representation under a conditional fee arrangement, commonly known as a ‘no-win-no-fee’ basis, which would not incur any upfront costs.
16. We have considered the relevant factors and the law. Mrs H is still in time to pursue legal action. The legal route is best suited to achieve the outcome she seeks. We do not see any barriers to prevent her from exploring this option and we think it is reasonable that she does so. We have therefore decided not to consider the complaint further.
1. We have carefully considered Mrs H’s complaint about the care and treatment the Trust gave her father Mr D. We consider Mrs H could take legal action on the matters she has brought to us. On this basis we have decided not to consider the complaint further.
2. We understand how important this matter is to Mrs H. We were sorry to hear that what happened caused her such distress. We explain the reasons for our decision below.