Source · PHSO decision

Northern Care Alliance NHS Foundation Trust

Ref: P-003560 Statement Decision date: 8 May 2025 Jurisdiction: NHS in England Closed After Initial Enquiries

Mr W complained his father died due to a considerable wait in the Emergency Department before being seen by a consultant, seeking financial compensation.

Outcome

AI summary
The complaint was closed as Mr W decided to pursue legal action, which the Ombudsman deemed a reasonable course of action.

The complaint

3. Mr W complains about the care provided to his father by the Trust. He says his father had to wait a considerable amount of time to be seen when he was transferred to the Emergency Department on 13 November 2023. Mr W says his father died due to the length of time it took for him to be seen by the consultant. Mr W would like the Trust to pat financial compensation for the loss of his father.

Findings

5. The law says we cannot investigate a complaint where a person has the option to take legal action, unless we consider this is unreasonable in the circumstances. We do not consider whether legal action would succeed but whether it would be a reasonable option to look in to.

6. We think the decision Mr W has taken to pursue legal action is reasonable and for this reason we have decided to take no further action on his complaint. We thank Mr W for bringing his complaint to us and we recognise how difficult this incident has been for him and his family. We hope we have clearly explained the reasons for our decision.

Our decision

1. We have carefully considered Mr W’s complaint about the Trust. We would like to extend our sincere condolences for the loss of his father. Mr W has advised us that he has decided to pursue legal action on the matter that he brought to us to achieve the outcome he wants.

2. We acknowledge Mr W’s complaint and the impact this incident had on him and his family. We think it is reasonable for him to pursue his complaint through the legal channels available to him. For this reason, we have decided not to consider the complaint further.

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Decision details

Reference
P-003560
Decision type
Statement
Jurisdiction
NHS in England
Decision date
8 May 2025
Outcome
Closed After Initial Enquiries
Responsible body
Northern Care Alliance NHS Foundation Trust

Complaint summary

AI
Summary
Mr W complained his father died due to a considerable wait in the Emergency Department before being seen by a consultant, seeking financial compensation.

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Data from PHSO under Open Government Licence.