SPSO (Scottish Public Services Ombudsman) decision

A Medical Practice in the Greater Glasgow & Clyde NHS Board area

Decided 1 December 2018 Reference 201709246 Outcome: Upheld Sector: Health Category: clinical treatment / diagnosis

Themes assigned by this site (AI-generated): Clinical negligence harms learning, Inadequate Recognition of Treatment Harm

Full decision

Decision (the SPSO's words)

Summary

Ms C complained that the practice unreasonably referred her to the community mental health team. The practice had been contacted by the social work department and the police about Ms C and, in response, the practice referred Ms  C to the community mental health team without discussing it with her or seeking her consent. Ms C complained about the referral saying that it was unreasonable in the circumstances.

We took independent advice from a medical adviser. We found that the practice did not follow the relevant guidance when they referred Ms C, and that referring her without her knowledge or consent was unreasonable. We upheld the complaint.

Recommendations

What we asked the organisation to do in this case: Apologise to Ms C for referring her to the community mental health team withouther knowledge and consent. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/leaflets-and-guidance.

What we said should change to put things right in future: The practice should follow the relevant guidance when they refer patients.

We have asked the organisation to provide us with evidence that they have implemented the recommendations we have made on this case by the deadline we set.

Related reading

View Decision Report 201709246 as a PDF (23.65 KB) Updated: December 19, 2018

From: SPSO (Scottish Public Services Ombudsman), decision 201709246, 1 December 2018