Airedale NHS Foundation Trust

Practice A

4. Mr X complains about the care and treatment he received at Practice A during 2021 and 2022. He specifically complains that:

• he asked on several occasions for information relating to his gender and for his previous name to be removed from his records, and this still has not happened • a regular testosterone injection was refused on 9 March 2022 • Practice A refused to refer him to an endocrinologist and/or a gynaecologist at the end of 2021 to investigate ongoing pelvic and UTI problems • Practice A did not respond to his subject access request (SAR – a request to access personal information that is held by an organisation) • Practice A did not share results of a Human immunodeficiency virus (HIV - a virus that attacks the body’s immune system) test • Practice A failed to carry out regular blood tests on a six monthly basis • Practice A generally discriminated against Mr X because of his transsexuality and disability.

5. Mr X is looking for service improvements, including staff training and awareness around transsexuality and disability. He is also looking for acknowledgements and apologies. He would also like his notes amending and the SAR responding to. Mr X is also looking for a financial remedy.

Practice B

6. Mr X complains about the treatment he received at an ultrasound centre (commissioned by Practice B) on 9 December 2021. Mr X says the staff spoke to him inappropriately on several times due to lack of understanding about transsexuality and disability which amounted to discrimination.

7. Mr X says this had a big impact on his mental health and caused immense upset and distress and he has lost trust and faith in the service.

8. Mr X is looking for service improvements, including staff training and awareness around transsexuality and disability. He is also looking for acknowledgements and apologies. Mr X is also looking for a financial remedy.

The Trust

9. Mr X complains about the treatment he received at Airedale NHS Foundation Trust (the Trust) during 2022. He specifically complains the Trust:

• used his previous NHS number, which linked to his old records when booking a lung scan • discriminated against Mr X because of his transsexuality • breached data protection by inappropriately referring to Mr X’s transsexuality and asking him to discuss this.

10. Mr X says he has been deeply traumatised by seeing his old records, including his previous name. Mr X also says the events have taken a toll on his mental health. He has lost faith and is concerned about his data.

11. Mr X is looking for service improvements, including staff training and awareness around transsexuality and disability. He is also looking for acknowledgements and apologies. Mr X is also looking for a financial remedy.

14. The ‘Health Service Commissioners Act 1993’ says we cannot consider a complaint where the aggrieved has (or had) the option to get an answer to their concerns by taking legal action, unless we consider this is unreasonable in the circumstances.

15. We have discussed this with Mr X to understand his circumstances and the outcomes he wants. We do not consider whether legal action would succeed but whether it would be a reasonable option to look in to.

16. Mr X has confirmed he is pursuing legal action in relation to two other issues relating to his NHS care. It is important for us to consider that during the legal proceedings he is already involved in, there may be some overlap with this complaint when the courts consider his claim because of the linked nature of the issues he complains about. Mr X is aware we cannot consider any parts of a complaint that are subject to legal action.

17. Mr X told us he has been discriminated against by all three organisations because of his gender and says this affected the clinical care he received. We have considered there is a legal remedy available to Mr X by way of a claim through the courts under the Equality Act 2010.

18. We know it is important for Mr X that Practice A, Practice B and the Trust make improvements, and we have discussed potential financial remedy.

19. We have also discussed Mr X is looking for changes to be made to his medical records and he would like acknowledgments that he has been discriminated against. Whilst we can ask organisations to make improvements if we find evidence of failings, we cannot order changes in medical records or say someone has been discriminated against under the Equality Act.

20. Mr X has also told us about intentions to take legal action regarding this complaint following a decision from us. Our role is to make decisions on complaints, and we would not look at a complaint for the sole purpose of evidence in future legal proceedings.

21. With the above in mind and following conversations with Mr X, we have decided to take no further action at this time. This is because we think Mr X has a legal remedy available to him and it is reasonable for him to pursue this in order to resolve his complaint.

22. If Mr X remains unhappy following legal action or has outstanding issues or outcomes which he could not pursue via the courts, he can return to us. However, we cannot consider issues which have already been examined by the courts.

24. If for any reason, Mr X is unable to proceed down the legal route and wants us to consider his complaint again, he can also contact us. It is important Mr X approaches us as soon as possible. This is because we can usually only look at complaints that are raised within 12 months of the individual becoming aware of the issue being complained about. However, we can sometimes put the time limit to one side if we see there are good reasons for the delay in a case reaching us.

25. We are sorry to hear about Mr X’s experience and the effect it has had on him. We hope this statement clearly sets out our decision at this time.

1. We have carefully considered Mr X’s complaint about Practice A, Practice B and the Trust.

2. Mr X raised concerns about care he received from the three organisations in 2021 and 2022. After speaking to Mr X, we recognise his experience has been extremely distressing for him and we thank him for talking to us about his complaint.

3. Having considered the information available, we will be not be taking further action at this time because we consider it is reasonable for Mr X to explore legal action to resolve his complaint.