P-005964
PHSO summary
Ms H complains about the Trust's decision to place her on a frequent caller plan.
AI-generated complaint summary
Complaint alleged the Trust failed to adequately assess, diagnose, and treat her daughter, which she believes led to her daughter's death.
Find the original decision on the PHSO website ↗ · Reference P-005348
The following sections reproduce the PHSO decision. First-person wording refers to the Ombudsman.
3. Ms T complains about the care and treatment provided by the Trust to her daughter, Ms K on 11 May 2023. She says:
• the Trust failed to adequately assess, diagnose and treat her daughter.
4. Ms T believes if the Trust had provided the appropriate care and treatment, her daughter’s death could have been prevented. This has caused a great deal of distress for Ms T and her family.
5. To resolve her complaint, Ms T would like a financial remedy. She would also like an acknowledgement of failings and service improvements.
8. The law says we cannot investigate a complaint where a person has the option to take legal action, unless we consider it unreasonable for them to do so. Our decision is not based on how successful legal action would be, but on whether it is a reasonable option for someone to pursue.
9. We discussed this with Ms T to understand her circumstances and the outcomes she is seeking. Ms T explained that she is seeking a financial remedy, acknowledgement of failings and service improvements. She has instructed a solicitor’s firm and has received initial advice and is in regular contact with them.
10. We recognise Ms T is seeking mixed outcomes, not only a financial remedy. It is possible the other outcomes she seeks could be addressed through the legal process, depending on how that process develops. This is something Ms T may wish to explore further with her solicitor.
11. We have considered the law, we note Ms T not only has the option to take legal action but is actively doing so. For this reason, we have decided not to consider her complaint further.
12. From speaking to Ms T, it is clear what happened to Ms K had a profound impact on her life. We acknowledge how important this complaint is to her and we thank her for bringing it to us and for speaking with us so openly about what happened.
1. We thank Ms T for bringing her complaint to us. We are sorry and incredibly saddened to have read about what happened. We extend our condolences to Ms T and her family on the loss of Ms K. We understand how important this complaint is to them.
2. We have decided not to consider Ms T’s complaint any further, as she is currently pursuing legal action. We explain the reasons for our decision below.
Data from PHSO.
Contains public sector information licensed under the Open Government Licence v3.0.