London North West University Healthcare NHS Trust

4. Miss A complains about the Trust’s care and treatment of her brother, Mr B, following an operation on 24 January 2024. Specifically, she complains about the following issues:

• The Trust failed to identify Mr B had suffered a serious complication of surgery in a timely manner. This ultimately delayed the subsequent sequence of events before the Trust transferred Mr B to another site for an emergency operation.

• The Trust failed to carry out the surgery immediately on site, which meant Mr B’s condition deteriorated significantly.

• The Trust took too long to transfer Mr B to another site for the emergency operation. Mr B’s condition deteriorated rapidly, and he needed intubation before transfer.

5. Miss A says her brother never recovered from the emergency operation and it was the Trust’s actions that led to his death on 1 March 2024.

6. By bringing her complaint to our office, Miss A wants an independent investigation, a sincere apology and service improvements.

9. The law says we cannot investigate a complaint where the person has the option to take legal action, unless we consider it is not reasonable for them to do so.

10. 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.

11. During our consideration of Miss A’s complaint, she told us her sister-in-law had initiated a legal claim against the Trust in relation to the same matters raised in her complaint.

12. The Trust confirmed the most recent communication it received from Miss A’s sister in law’s legal representatives was a request for full disclosure of documents in December 2025. Since then, there has been no further update indicating the legal process has concluded, nor any confirmation the matter is no longer being pursued through the courts.

13. Under the Health Service Commissioner’s Act 1993, we are unable to investigate complaints where it appears an alternative legal remedy is available or being pursued. As there is an ongoing legal claim about the same issues raised in Miss A’s complaint, brought by the patient’s wife and executor of his estate, we are unable to continue with our investigation at this time. For this reason, we are closing the complaint.

14. We appreciate this may be disappointing, particularly because this has been ongoing for some time and Miss A was hopeful that we would reach some form of resolution or provide clarity on the issues raised in the complaint. We also recognise family circumstances make communication more complex.

15. We are bound by the provisions in the Health Service Commissioner’s Act 1993 and must apply these rules consistently. We must base our decisions on the information available to us.

16. We have considered the specific factors of this case and the law. As there is an ongoing legal claim about the same issues raised in Miss A’s complaint, we cannot consider the complaint further. We hope this statement clearly sets out the reasons for our decision.

1. We have carefully considered Miss A’s complaint about London North West University Healthcare NHS Trust (the Trust).

2. As there is an ongoing legal claim against the Trust about the same issues raised in Miss A’s complaint, we have decided to take no further action at this time.

3. We understand how important this matter is to Miss A. We were sorry to hear that what happened continues to cause her and her family significant upset and distress. We explain the reasons for our decision below.