Source · PHSO decision

Northamptonshire Healthcare NHS Foundation Trust

Ref: P-005177 Statement Decision date: 31 March 2026 Jurisdiction: NHS in England Closed After Initial Enquiries

Mr S complained the Trust imposed contact restrictions without following policies, failing to review or explain them, which negatively impacted his neurodivergent communication needs.

Administration

Outcome

AI summary
The ombudsman partly upheld the complaint, finding the Trust's policies lacked clear review processes for contact restrictions. The Trust will apologise, update policies, and provide a financial remedy.

The complaint

3. Mr S complains that the Trust did not follow its policies when placing restrictions on his contact from August 2023, and that it did not explain how or when those restrictions would be reviewed. He says the restrictions remained in place without reassessment.

4. Mr S says that being limited to written communication has been difficult for him because of his neurodivergent communication needs. He says this made it harder for him to raise concerns and contributed to feelings of frustration and distress. He says the uncertainty about when the restrictions would be reconsidered has affected his wellbeing since August 2023.

5. Mr S would like service improvements, an apology, and a financial remedy.

Background

6. In August 2023, the Trust placed restrictions on Mr S’s contact following concerns about the volume and tone of his communications with staff. The Trust applied these restrictions under its Zero Tolerance and Complaints policies, which allow organisations to limit contact methods where staff safety or wellbeing is affected.

7. A previous investigation considered whether the Trust was justified in imposing these restrictions and concluded it acted appropriately under those policies. However, that investigation did not consider whether the Trust had a clear process for reviewing the restrictions once imposed, or whether it communicated any review arrangements to Mr S.

8. This investigation therefore focuses only on whether the Trust had an appropriate review process, whether the restrictions were reviewed, and whether Mr S’s communication needs were considered when doing so.

Findings

11. Mr S complains the Trust did not review the restrictions it placed on his contact with staff. We therefore considered whether the Trust had a clear process for reviewing the restrictions once imposed, whether any review took place, whether review arrangements were communicated to him, and whether his communication needs were taken into account.

12. The Trust explained it relied on its Complaints and Concerns Policy (including the section on ‘fixated complainants’) and its Zero Tolerance approach when placing restrictions on Mr S’s contact. While these policies allow organisations to limit contact methods where staff safety or wellbeing is affected, neither policy included a clear mechanism for reviewing restrictions or communicating review arrangements to the service user.

13. The correspondence shows the restrictions placed on Mr S in August 2023 were not reviewed. When staff considered whether a review should take place, this required escalation to the director of nursing, indicating the process was ad hoc rather than guided by a defined review framework. The Trust has acknowledged this gap and confirmed the relevant policy will be updated in June 2026 to include a clear review mechanism.

14. NHS complaints standards require organisations to communicate clearly, be transparent about processes, and explain what service users can expect. A clear review mechanism helps ensure restrictions remain proportionate, timelimited, and responsive to any change in circumstances. In this case, the absence of a review process meant Mr S did not know when or how the restrictions would be reconsidered.

15. We considered what difference this made. The lack of a clear review process caused avoidable frustration and uncertainty for Mr S. This uncertainty was likely more difficult for him to manage given his communication needs, as he finds written communication more difficult and prefers to communicate by telephone.

16. Mr S described wider concerns about his access to services, staff interactions, and the emotional impact of the restrictions. These issues fall outside the scope of this investigation, but they help explain why the absence of a review process contributed to his sense of being unable to progress concerns.

17. We then considered whether the injustice arising from the issues within scope has already been remedied. The Trust has accepted the failings we have seen and agreed to apologise to Mr S, review his individual restrictions, and update its Complaints and Concerns Policy to include a structured fivestage process for managing unreasonable complainant behaviour.

18. The revised policy will introduce a mandatory threemonthly review of any restrictions. These actions address most of the injustice by ensuring the restrictions will be reconsidered and that future cases will have a clear and transparent review mechanism. We consider these steps to be fair and proportionate.

19. We also considered whether a financial remedy is appropriate.

20. Under our Principles for Remedy, a financial remedy is appropriate where procedural failings cause distress, inconvenience, or uncertainty. Given the limited impact and the absence of evidence that a review would have changed the outcome, this falls at the lower end of our severity scale.

21. Although the impact was limited and there is no evidence a review would have changed the outcome, the failing persisted for an extended period.

22. The Trust has agreed to offer Mr S £120 in recognition of the distress and inconvenience caused by the lack of review and unclear communication. The Trust’s offer of £120 sits within the range we would expect for a long running but low impact procedural failing. We consider this to be a fair and proportionate financial remedy.

Our decision

1. We have carefully considered Mr S’s complaint about Northamptonshire Healthcare NHS Foundation Trust (the Trust).

2. We found that the Trust’s behaviour management and complaints policies did not include a clear process for reviewing contact restrictions or communicating review arrangements to service users. As a result, the restrictions placed on Mr S were not reviewed after they were imposed. The Trust has acknowledged this and will apologise to Mr S for the frustration and uncertainty this caused. It is also reviewing and updating its policies to ensure that future restrictions are subject to clear review arrangements. A financial remedy is appropriate to recognise the impact of the lack of review and unclear communication.

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Decision details

Reference
P-005177
Decision type
Statement
Jurisdiction
NHS in England
Decision date
31 March 2026
Outcome
Closed After Initial Enquiries
Responsible body
Northamptonshire Healthcare NHS Trust

Complaint summary

AI
Summary
Mr S complained the Trust imposed contact restrictions without following policies, failing to review or explain them, which negatively impacted his neurodivergent communication needs.

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Data from PHSO under Open Government Licence.