A practice in the Doncaster area

3. Miss A and Mr B complain about care and treatment the organisations gave Miss C, their sister and daughter, between October 2020 and June 2023.

4. They say as a result of what happened they had to witness Miss C’s pain and suffering and this has had an enduring impact.

5. The outcomes they seek are an acknowledgement of failings, changes of procedure and a financial remedy.

8. The law says we cannot investigate a complaint where a person has the option to take legal action, unless we consider it is not reasonable for them to do so. We do not base our decision on how successful legal action would be. Rather, we consider whether legal action is a reasonable option for someone to pursue.

9. We received information from one of the organisations that NHS Resolution were involved with the matters the family brought to us. NHS Resolution is an arm's length body of the Department of Health and Social Care, that resolves clinical and non-clinical negligence claims against the NHS.

10. We discussed this with Miss A to understand the outcomes they want. Miss A told us one of the outcomes they are seeking is financial compensation. This is something that potentially may be pursued through legal action, specifically through a clinical negligence claim.

11. We are generally not able to provide the same levels of financial remedy that a court can. Whilst we are able to make some recommendations for financial remedy, we consider the courts are the correct place for Miss A and Mr B to see if they can achieve the outcomes they are seeking.

12. Miss A also told us the solicitor is looking to obtain some additional information about what happened from the organisations. It is possible this information may address some of the issues they have brought to us.

13. We recognise Miss A and Mr B are seeking additional outcomes of acknowledgement of failings and changes of procedure. It is possible these outcomes may be provided following the legal action. If they remain outstanding then Miss A and Mr B may return to the Ombudsman. We would then consider if we could and should carry out an investigation.

14. We have considered the relevant factors and the law. Miss A and Mr B have begun a legal claim and this route is best suited to achieve the outcomes they seek. We do not see any barriers to prevent them from continuing this option and we think it is reasonable that they do so. We have therefore decided not to consider the complaint further.

1. We have carefully considered Miss A and Mr B’s complaint about the care and treatment the organisations gave Miss C, who was their sister and daughter respectively. Miss A told us they currently have a solicitor acting for them, in relation to what happened. For this reason we have decided not to consider the complaint further.

2. We understand how important this matter is to Miss A and Mr B. We were sorry to hear that what happened caused them such distress. We explain the reasons for our decision below.