Source · PHSO decision

A practice in the City of Portsmouth area

Ref: P-002618 Statement Decision date: 22 May 2024 Jurisdiction: NHS in England Closed After Initial Enquiries

Mrs U complained the Practice incorrectly advised on IVF eligibility, delayed referral for funding, and failed to submit her funding request correctly, leading to significant private treatment costs.

ReferralReferralCommunication Duty of Candour implementation

Outcome

AI summary
PHSO closed the complaint as the Practice agreed to pay Mrs U £1500 and provide a new response, which PHSO deemed sufficient to resolve the matter.

The complaint

4. Mrs U complains about the service she received from the Practice between 3 December 2020 to 30 January 2023.

5. She specifically complains the Practice: • told her she needed to be trying to conceive for two years when in fact it is one year • should have referred Mrs U for IVF funding sooner • failed to submit the IVF funding request correctly.

6. Mrs U says the impact of the failings has been: • distress and frustration • she was should have started IVF treatment much sooner • she had to pay £12,800 for private treatment.

7. Mrs U seeks answers to her outstanding questions and financial compensation.

Background

8. In December 2019, Mrs U had her Mirena coil removed with the intentions of conceiving.

9. Having not conceived by January 2021, Mrs U contacted her Practice. The GP organised blood tests which revealed she possibly had Polycystic Ovary Syndrome (PCOS). In April 2021, her GP told her to continue attempting to conceive. Mrs U recalls the GP telling her to try for another year.

10. Mrs U saw a private fertility specialist and self-referred to a fertility clinical. The private specialists recommended she has IVF. Mrs U requested support from her GP who submitted the request to the Individual Funding Request (IFR) team. They rejected the request because her GP had not referred her to an NHS specialist.

11. In February 2023, the IFR accepted the funding request. However, by this point, Mrs U had lost faith and was worried she would run out of time because she was approaching 35 years old. She had already begun private IVF treatment by the time the IFR accepted the funding request.

12. Mrs U’s private treatment was successful, and she now has a newborn baby.

Findings

Our considerations of indications of service failure

14. To decide if we should conduct a detailed investigation into a complaint, we look at what outcome the complainant wants to resolve their complaint. Our Service Model Guidance says we can resolve a complaint without conducting a detailed investigation if we can deliver the outcomes a complainant asks us to achieve at an earlier point in our case handling process.

15. Mrs U asked NHS England to investigate the delays from the Practice in seeking IVF funding.

16. When we reviewed Mrs U’s complaint, we noted the NHS England upheld the complaint. It concluded there were four failings: • a failure to refer Mrs U for NHS secondary care fertility assessment after one year of failing to conceive • a failure to ensure the criteria were met for requesting IFR funding for IVF • a delay of four months and sending the funding request to the IFR team • no, or delayed responses to e-consults • delayed response to the IFR team’s criteria that Mrs U be seen by an HS gynaecologist.

17. We consider the actions the Practice had already taken to put things right. It apologised for and acknowledged where the care provided fell below the standard of service. The doctor in question has reflected on the case and taken the opportunity to update their understanding of the IVF referral process.

18. We discussed with Mrs U what she wanted to resolve the complaint. She told us she would like answers to her outstanding questions and a financial remedy to make up for some of the cost she and her husband paid the private IVF treatment. She told us she was happy for us to explore resolving the complaint without needing a lengthy detailed investigation.

19. During a discussion with the Practice, it confirmed it was happy to consider further resolution for Mrs U. The practise confirmed it would provide a further response covering the outstanding questions and also offered £1,500 to Mrs U.

20. We spoke to Mrs U about the actions the Practice had agreed to take. We understand Mrs U is satisfied with this outcome. We believe the actions the Practice has committed to will follow and resolve this complaint. These actions will provide Mrs U with an appropriate and proportionate remedy. In line with our Service Model Guidance, we consider this complaint resolved and will not take any further action.

21. We recognise that our resolution does not change what happened to Mrs U and does not make up for lost time and distress she suffered. We hope this further response and financial remedy from the practise well help provide Mrs U and her husband closure. We wish Mr and Mrs U, and their new baby, the best for the future.

Our decision

1. We have carefully considered Mrs U’s complaint about a GP practice in the Portsmouth area (the Practice). We are sorry to hear about the stressful time Mrs U experienced seeking IVF funding.

2. During our assessment of Mrs U’s complaint at primary investigation, we saw indications of failings. We also saw indications of an impact on Mrs U. We discussed this with the Practice, and it has agreed to pay Mrs U £1500 and issue a new response answering outstanding questions from Mrs U.

3. We feel these actions will resolve this matter. On the understanding the Practice will take these actions, we have decided to take no further action on this complaint.

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Decision details

Reference
P-002618
Decision type
Statement
Jurisdiction
NHS in England
Decision date
22 May 2024
Outcome
Closed After Initial Enquiries

Complaint summary

AI
Summary
Mrs U complained the Practice incorrectly advised on IVF eligibility, delayed referral for funding, and failed to submit her funding request correctly, leading to significant private treatment costs.

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Data from PHSO under Open Government Licence.