Source · PHSO decision

Barts Health NHS Trust

Ref: P-005757 Statement Decision date: 9 July 2026 Jurisdiction: NHS in England Closed After Initial Enquiries

AI-generated complaint summary

Miss B complained multiple Trusts failed to respond to her son’s symptoms, clarify care responsibility, provide consistent neurology oversight, or give clear discharge guidance, causing prolonged pain and distress.

Find the original decision on the PHSO website ↗ · Reference P-005757

Topics and themes

3 PHSO issues

PHSO issue classifications

  • Treatment
  • Communication
  • Communication

Outcome

AI summary
The complaint was closed. The ombudsman decided not to consider it due to ongoing Judicial Review proceedings related to the same issues.

The following sections reproduce the PHSO decision. First-person wording refers to the Ombudsman.

The complaint

6. Miss B complains about the care and treatment provided to her son, M, by Barts Health NHS Trust (BHT), Great Ormond Street Hospital for Children NHS Foundation Trust (GOSH), and Guy’s and St Thomas’ NHS Foundation Trust (GSTT) between November 2023 and November 2024.

7. Miss B says BHT: • failed to respond appropriately to M’s symptoms of prolonged pain, seizure episodes and deterioration between Nov 2023 until July 2024 • clarify who was responsible for M’s overall care and failed to provide consistent neurology oversight from June 2024 • provide clear discharge guidance or local access arrangements across several discharges in early 2024 and June–July 2024

8. Miss B says GOSH: • did not maintain neurological ownership after June 2024 • reversed an agreed emergency transfer on 17–18 July 2024 • make decisions with clinicians familiar with M and did not provide a clear written rationale for those decisions.

9. Miss B says all three Trusts after a Multidisciplinary Team meeting on 6 November 2024 • did not provide a clear written rationale for the decisions made about M’s care

10. Miss B says the combined effect of these issues caused significant and lasting impact on M and the family. She says M experienced prolonged pain, distress and repeated seizures without clear specialist oversight or a safe escalation pathway. She says she and M’s father were left trying to manage his deterioration without clear guidance or ownership from any of the Trusts involved.

11. Miss B says her confidence in BHT and GOSH deteriorated to the point that she felt she had no choice but to arrange and pay for a private ambulance to ensure M received the care he needed. She says this added financial strain to an already distressing situation.

12. She says the situation placed considerable emotional and practical pressure on the family. M’s father struggled to work, she found it difficult to balance caring responsibilities with work and study, and both she and M’s sibling required counselling and mental health support. She describes the impact as profound, traumatic and ongoing.

13. Miss B would like apologies, service improvements and financial remedy

Findings

15. Miss B told us she is currently involved in ongoing Judicial Review proceedings concerning the Integrated Care Board and the London Borough of Tower Hamlets. She explained that a hearing date has been set for 23 July 2026.

16. Miss B also told us there is an anonymity order in place within those proceedings. During our discussions, she explained that she is concerned there may be overlap between the matters being considered by the court and the concerns she has brought to us. She acknowledged that some overlap is likely.

17. We have carefully considered whether we should look at Miss B's complaint at this time. We have decided not to do so because the issues she has raised appear to be closely connected to matters that are currently subject to live court proceedings.

18. While the Judicial Review process has a different role from ours, it may consider issues that relate to, or affect, the concerns Miss B wishes to bring to us. The outcome of those proceedings may therefore provide important findings, information and context that would be relevant to any future consideration of her complaint.

19. We consider there is a risk that investigating the complaint while the Judicial Review remains ongoing could result in duplication of effort and could mean we are considering matters before the court process has reached its conclusion. Waiting for the proceedings to end will ensure that any future consideration is informed by the fullest available picture.

20. We have also taken account of Miss B's own wishes. During our discussion, she told us that managing several ongoing processes at the same time had become overwhelming. She explained that balancing the demands of the Judicial Review, matters relating to her son's care and support, and her engagement with our service had placed a significant strain on her wellbeing.

21. We understand this has been an exceptionally difficult period for Miss B. We recognise the commitment she has shown in continuing to pursue her concerns despite the personal challenges she described. We also appreciate that deciding not to proceed with a complaint at this stage may be disappointing when she is seeking answers and resolution.

22. However, given the ongoing Judicial Review proceedings, the potential overlap between those proceedings and the matters raised with us, and Miss B's wish to focus on the court process at this time, we consider it reasonable to take no further action on the complaint at present.

23. We have also considered whether this approach could disadvantage Miss B because of our time limits. We note that she has been actively pursuing her concerns through other appropriate channels and there is clear evidence of this. If Miss B returns to us following the conclusion of the Judicial Review proceedings, we would be able to take these circumstances into account when considering any issue relating to timeliness.

24. For these reasons, we will take no further action on Miss B's complaint at this time. Once the Judicial Review proceedings have concluded, she may return to us with any remaining concerns she would like us to consider. Because of our own time limit, we would encourage her to contact us as soon as reasonably possible after those proceedings have ended if she remains dissatisfied.

PHSO decision

1. We have carefully considered Miss B's complaint about Barts Health NHS Trust (BHT), Great Ormond Street Hospital for Children NHS Foundation Trust (GOSH), and Guy’s and St Thomas’ NHS Foundation Trust (GSTT) and matters relating to the care and support provided to her son.

2. Miss B has brought a number of serious concerns to us. However, we understand she is currently involved in ongoing Judicial Review (JR) proceedings concerning matters that are connected to, and may overlap with, the issues she has asked us to consider. We consider it important for those proceedings to conclude before we look any further into her concerns.

3. We recognise that Miss B has spent a considerable period pursuing these matters through a number of different routes. From our discussions with her, it is clear she has invested significant time and emotional energy in seeking answers and pursuing what she believes to be the right outcome for her son and family.

4. Miss B also told us about the impact these ongoing processes have had on her wellbeing. She explained that managing the Judicial Review proceedings, matters relating to her son's care, and her engagement with our service at the same time has become overwhelming. We are sorry to hear about the difficulties she has experienced and the effect this situation has had on her.

5. Having carefully considered all the circumstances, we have decided not to consider Miss B's complaint at this time. Once the Judicial Review proceedings have concluded, she can return to us with any remaining concerns she would like us to consider.

Decision details

Reference
P-005757
Decision type
Statement
Jurisdiction
NHS in England
Decision date
9 July 2026
Outcome
Closed After Initial Enquiries
Responsible body
Barts Health NHS Trust

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