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Health

  • Case ref:
    202111438
  • Date:
    December 2023
  • Body:
    Highland NHS Board
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C complained about the care and treatment that they received from the board’s neurology department. C had been reporting symptoms to the board for several years before obtaining spinal surgery abroad. After surgery, C experienced improvement in their symptoms. C complained that the board did not reasonably investigate or offer treatment for their symptoms.

We took independent advice from a neurologist and neuroradiologist (a specialist in reading medical images of the spine). We found that the board had reasonably investigated C’s symptoms and offered reasonable treatment for C’s symptoms. We found that there was no missed opportunity to identify any physical problem in C’s spine that may have caused C’s symptoms, based on MR (magnetic resonance, a type of medical imaging) images of C’s spine. Therefore, we did not uphold C’s complaint.

  • Case ref:
    202207112
  • Date:
    December 2023
  • Body:
    Greater Glasgow and Clyde NHS Board - Acute Services Division
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C complained about the care and treatment that their late parent (A) received from the board. C complained that the board failed to reasonably treat an ulcer on A’s toe or manage their related pain. C also complained that A was unreasonably transferred to a nursing home from the ward when they were too frail and unwell to leave the care of the hospital. C advised that the communication with them in relation to A’s transfer was unreasonable, both in the way the matter was discussed with them by the social worker and as the ward failed to explain that their parent was nearing the end of his life. C said that they were only made aware of this by a GP at the nursing home who explained A was receiving end of life care.

The board's response to C’s complaint confirmed that A had received treatment for their toe ulcer during their inpatient admission, with follow-up treatment planned following their discharge to the nursing home.

On the matter of A’s referral to nursing home care, the board advised that this had been discussed with C by phone. The board said that the documentation of the phone call reflected that C was in agreement with the plan, with the purpose of the referral being to arrange long term care for A. Prior to discharge, A was reviewed by a ward doctor and it was determined that they were fit for discharge based on their improving blood results following a recent chest infection and as their observations were stable. The board expressed regret that A returned to hospital 10 days later having deteriorated since leaving hospital.

We took independent advice from a consultant physician and geriatrician. We found that a plan to manage A’s toe ulcer had been put in place and that they advised that A had received pain relief as required. We considered that the plan of care made by the board was reasonable.

In reference to A’s discharge to the nursing home, we found that this had been arranged in discussion with C, noting that A was not suitable for further rehabilitation, and that their cognitive function now prevented them from living safely at home. We considered the plan of care made for A in terms of their long term care needs was reasonable and in keeping with their circumstances. Therefore, we considered that the care and treatment provided by the board to A had been reasonable. We did not uphold the complaint.

  • Case ref:
    202101013
  • Date:
    December 2023
  • Body:
    Greater Glasgow and Clyde NHS Board - Acute Services Division
  • Sector:
    Health
  • Outcome:
    Some upheld, recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C complained about the care and treatment that they received from the board following a stillbirth. C complained that the board had failed to provide them with adequate support following the birth of their child. C also complained that a consultant had acted unreasonably by discussing their child’s post mortem results with them, without prior warning and without the presence of their partner, during a consultation several months later to discuss the progress of a new pregnancy.

The board did not identify any failings with the support provided to C. However, they apologised for the distress caused to C during the meeting with the consultant. They said that the consultant was required to make a plan of care for the new pregnancy and that this inadvertently led to the discussion and counselling of C’s previous pregnancy. The Board said that C’s partner was unable to attend the meeting due to restrictions on hospital visiting in force at the time due to the pandemic.

C remained unhappy and asked us to investigate. C complained that the support provided to them was inadequate. C also complained that the consultant had acted unreasonably.

We took independent advice from a consultant obstetrician. We found that inpatient care discharge arrangements, including handover of C’s care to community midwives was as expected. We did not uphold this complaint. However, we found that there had been a failure to adequately prepare for C’s consultation. In the circumstances, we found that it was unreasonable to have progressed with C’s consultation without offering them the choice of re-scheduling so that consideration could have been made to their partner attending, or offering a remote appointment. We upheld this complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to C for the failings identified. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/information-leaflets.

What we said should change to put things right in future:

  • The findings of this investigation should be fed back to the staff involved, in a supportive manner, for reflection and learning.

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.

  • Case ref:
    202202227
  • Date:
    December 2023
  • Body:
    A Medical Pratice in the Grampian NHS Board area
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C complained about the practice on behalf of their spouse (A). A is paraplegic (affected by or relating to paralysis of the legs and lower body) and was receiving district nursing treatment for various wounds, including one on the large toe of their left foot. The condition of A’s left foot deteriorated and they were showing signs of infection. A was seen by a district nurse who took photographs of A's foot and showed them to the duty GP at the practice. The GP made an urgent referral to vascular surgery, which was sent the next day, but did not assess A themselves or communicate the management plan to them. A’s condition worsened and a few days later they required immediate admission to hospital and urgent surgery. A subsequently required amputation of some of their toes. C complained that A’s outcome may have been better had they been assessed by the duty GP and/or admitted to hospital the same day.

We took independent GP advice. We were not critical of the fact the duty GP did not carry out a face to face assessment of A. We found that the GP followed the relevant guidelines by making an urgent referral to vascular surgery, which was a reasonable assessment. However, we found that the GP should also have made direct contact with the vascular surgery team for advice as to whether A required to be seen the same day. We found that the GP also should have communicated their management plan to A and to C, as they acknowledged in their complaint response. This would have allowed the opportunity to raise any concerns with the GP directly. On balance, we upheld this complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to C and A for the communication failings we have identified. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/information-leaflets.

What we said should change to put things right in future:

  • When making an urgent referral to vascular surgery for a patient with critical limb ischaemia, GPs should contact the vascular team directly for advice as to whether same day assessment is required. GPs should discuss the management plan with the patient.

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.

  • Case ref:
    202104942
  • Date:
    December 2023
  • Body:
    Grampian NHS Board
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    Nurses / nursing care

Summary

C, an advocate, submitted a complaint on behalf of the family of A. A was a resident of a care home and attended hospital with low potassium levels. A later sustained a leg fracture around the time of the first discharge and was re-admitted to hospital. A later died. C complained that the nursing and medical care provided by the board was unreasonable.

We took independent advice from a nurse, consultant orthopaedic surgeon and consultant geriatrician. We found that there were failings in the nursing and medical care provided and that the board failed to carry out a reasonable investigation into the concerns raised. We also found that A did not receive appropriate care and treatment after they sustained a leg fracture. Specifically, there was a lack of recorded consultant input, delays in having a second cast fitted and delays with A being discharged afterward.

In addition, the concerns raised regarding how the leg fracture occurred weren’t appropriately investigated across multiple agencies and it took a number of contacts by both C and the SPSO before a full response was provided. Therefore, we upheld this complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to A’s family for the failings identified in relation to the investigation and treatment of A’s fracture and their discharge from hospital. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/information-leaflets.

What we said should change to put things right in future:

  • Consultant ward rounds, particularly at the weekend, should review all patients and should be documented.
  • Frail elderly patients with fractures should receive appropriate orthogeriatric support.
  • Patients should be discharged as soon as clinically appropriate following treatment.
  • When harm comes to a patient and there are multiple organisations involved as to where the injury may have occurred, a multi-agency review is carried out in a timeous manner.

In relation to complaints handling, we recommended:

  • Evidence that the learning from this complaint has been shared at an Acute Sector Clinical Governance Group.
  • Evidence that the learning from this complaint has been shared via the Acute Sector Clinical Risk Management Group.
  • Evidence that the learning from this complaint has been shared via the Board’s Clinical Governance structures.

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.

  • Case ref:
    202203018
  • Date:
    December 2023
  • Body:
    Forth Valley NHS Board
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C, an advocate to A, complained on behalf of A that their colonoscopy was performed without sedation or anaesthetic. A was advised at pre-assessment that they could not have pain relief during the procedure, due to having taken methadone prior to the colonoscopy. C also complained about the lack of information on the patient leaflet for methadone users, the attitude of staff, and that the procedure was performed by a trainee endoscopist.

The board considered that the care and treatment provided to A was reasonable as A consented to the colonoscopy being carried out without pain relief and understood that a trainee would undertake the procedure. The board apologised for the comments made by staff.

We took independent advice from a colorectal surgeon. We found it unnecessary to contain methadone specific information on the patient leaflet as all medication should be considered when administering sedation for all patients. We found that the advice given at pre-assessment was incorrect. There is no contraindication (a specific situation in which a medicine, procedure, or surgery should not be used because it may be harmful to the person) for use of sedation with methadone and being on methadone does not preclude either sedative or opioid pain control. Therefore, we found that A should have been given pain relief during the colonoscopy. We also found that it is the endoscopist's responsibility to understand drug interaction in prescribing medication for pain and sedation and that was not the case in this instance and a second opinion should have been sought. Due to the absence of pain relief, we found that this procedure should have been performed by an experienced endoscopist, to ensure correct technique and minimise the discomfort experienced by A. As such, we upheld C’s complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to A for the failings identified. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/information-leaflets.

What we said should change to put things right in future:

  • All staff are familiar with the relevant BNF and AOMRC guidance.
  • All staff are reminded of the importance of seeking specialist advice in complex or unusual cases.
  • Endoscopists to be aware of the importance of technique when minimising discomfort for the patient.

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.

  • Case ref:
    202101258
  • Date:
    December 2023
  • Body:
    Forth Valley NHS Board
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    Appointments / Admissions (delay / cancellation / waiting lists)

Summary

A was diagnosed with severe heart valve stenosis (when a heart valve narrows and blood cannot flow normally) and was informed that they required heart valve replacement surgery. A referral was made to a specialist unit within another health board. However, A died whilst awaiting surgery, during the early months of the COVID-19 pandemic.

C complained that there was a delay in providing A with treatment, and that when A’s condition appeared to deteriorate, they were prescribed only water tablets. C also felt that there was a lack of communication from the Cardiology Department. Additionally, C pointed to a Significant Adverse Event Review (SAER) carried out by the hospital to whom A had been referred, which had concluded that the referral had been, in their view, wrongly categorised as “routine” as opposed to “urgent”. C felt that the care provided to A had been unreasonable.

We took independent advice from a consultant cardiologist. We found that it was unreasonable that A was not referred more urgently for surgical consideration, noting that even before the COVID-19 pandemic a routine referral could take up to 18 weeks. We were also critical of the lack of formal arrangements made to keep A under regular review. A was diagnosed with severe chronic obstructive pulmonary disease (COPD) and we found that this was a missed opportunity for A’s management plan to be reviewed. Additionally, we found that we were unable to establish whether the risks of surgery were ever explained to A or whether they were given the choice of treating their symptoms with drug therapy alone. Given the importance of this, we would have expected to see evidence of this in A’s case notes. Therefore, we upheld C’s complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to C for the failings identified in this decision. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/information-leaflets.

What we said should change to put things right in future:

  • Patients with congestive heart failure should be appropriately assessed with consideration given to having an urgent echocardiography (a scan used to look at the heart and nearby blood vessels) and an in-patient cardiological review. Patients being referred for more specialist investigation or treatment should be appropriately categorised in terms of urgency in relation to their condition. Patients diagnosed with severe aortic and mitral stenosis should be kept under regular clinical review. The risks of surgery and choices of available treatment should be explained to a patient and any discussions about this should be recorded in the patient’s records.

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.

  • Case ref:
    202100839
  • Date:
    December 2023
  • Body:
    Ayrshire and Arran NHS Board
  • Sector:
    Health
  • Outcome:
    Some upheld, recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C’s parent (A) was receiving palliative chemotherapy, following a diagnosis of terminal cancer, which was suspended as the COVID-19 pandemic worsened. A was admitted to hospital following a prolonged period of vomiting that had not responded to treatment. A remained in the hospital for several weeks before passing away. C raised complaints with the board detailing C’s family’s concerns about A’s cancer diagnosis, decisions about A’s chemotherapy, aspects of the care and treatment of A, and communication with C and their family during A’s hospital admission. The board’s responses indicated that they considered A’s care and treatment had been reasonable overall, but accepted that there had been some aspects that could have been improved. They accepted that there were aspects of their communication that could have been improved, particularly that they should have contacted A’s next of kin when A’s condition deteriorated over a particular night.

C was dissatisfied with the board’s responses and brought their complaint to us. We took independent advice from a specialist in palliative care. We found that A’s treatment had been reasonable overall and that while there were certain aspects of A’s care that could have been improved, overall the board provided reasonable care to A.

In relation to the aspects of the complaint about the board’s failure to contact A’s next of kin when A’s condition deteriorated over a particular night and about the board’s responses to C’s complaints, we upheld these aspects of the complaint. In relation to the board’s handling of C’s complaints, we found that there were delays in responding, failure to address various clearly raised issues in responses, unreasonable action around the arrangement of a promised meeting within a reasonable timescale and the inclusion of statements that were not supported by evidence. We upheld these aspects of the complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to C that they did not respond reasonably to their complaints. The apology should include specific reference to the board’s failure to address various issues raised in the complaints, failure to maintain reasonable action around the arrangement of a promised meeting, and inclusion of statements in the complaint response that were not supported by evidence. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/information-leaflets. The board should consider C’s request that the apology be provided at an in-person meeting at which C has an opportunity to read a personal statement.

In relation to complaints handling, we recommended:

  • Complaints are properly investigated and responded to in line with the board’s Complaints Handling Procedure.

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.

  • Report no:
    202105840
  • Date:
    December 2023
  • Body:
    Fife NHS Board
  • Sector:
    Health

The complainant (C) complained to my office about the care and treatment they received from Fife NHS Board (the Board) between April and May 2021. C received Dalteparin injections, a heparin-based treatment, from the Board’s outpatient Deep Vein Thrombosis (DVT) clinic for a superficial vein thrombophlebitis (SVT: inflammation of a vein near the surface of the skin). Around nine days after commencing the injections C reported to the clinic new onset of symptoms of weakness, numbness and difficulty moving their leg. C was admitted to hospital where they received investigations to rule out either peripheral nerve entrapment or a stroke. C’s symptoms continued to worsen including new onset of severe leg pain, and it was later confirmed that C had developed limb ischaemia (inadequate blood supply due to blockage of the blood vessels) due to Heparin Induced Thrombocytopenia (HIT), a serious complication associated with heparin-based products. Although C was transferred to another health board for emergency vascular surgery which saved their leg, they have been left with permanent nerve damage and suffer from chronic pain and reduced mobility.

C complained the delay in treating them for HIT resulted in the permanent harm caused to their leg, and their outcome would have been better had the condition been diagnosed and treated earlier. C also complained that the Board’s handling of their complaint had been unreasonable.

The Board said that C’s presentation of limb ischaemia was unusual, alongside an unusual but not unrecognised, side effect of heparin injections. Ruling out a stroke or spinal problem was the clinical priority. There was a missed opportunity to review C at the DVT clinic in light of the blood tests taken, and there was a failure to consider HIT earlier, timeous screening of which could have prompted an earlier prescription of a different anticoagulant drug to treat or prevent a blood clot. C complained to SPSO about this episode of care and the Board’s handling of their complaint, which they said had failed to recognise the harm caused to them by this incident. When my office contacted the Board about C’s complaint, the Board advised that a decision had been taken to undertake a Local Adverse Event Review (LAER). The complaint was closed by my office as it was considered the outcome of the LAER may resolve C’s remaining concerns. C contacted my office again some months later as they were yet to receive a copy of the LAER report and as the Board were unable to commit to a timescale for its completion. I made enquiries of the Board about the LAER and decided to investigate. The Board subsequently issued the LAER report, 11 months after the decision was made to commence the review process.

I sought independent advice from a Consultant Haematologist (the Adviser). The Adviser told me HIT is an infrequent rather than unusual complication of heparin injections and all patients receiving this treatment should be routinely monitored for this. The DVT clinic appointments were a key opportunity to manage C’s condition before harm had happened, particularly in light of the blood results which were available indicating that C’s platelet count had dropped. HIT is a very difficult condition to treat even when treatment is commenced immediately, however, had action been taken earlier, in their view, it may have significantly changed the outcome for C. It would be usual to treat for HIT urgently until proven otherwise, however, the investigations C received were focused on nerve entrapment or stroke. Had it been the case that C was suffering from a stroke, it would likely have occurred as a consequence of HIT, not as an independent occurrence. The link between HIT and the presence of a stroke had not been made and there was a failure to recognise the need to act on the likely diagnosis of HIT and start treatment straight away.

The Adviser noted the Board’s LAER report did not recognise that the haematology experts, both the DVT clinic and the on-call haematologist, failed to identify the significant change in C’s blood results which had occurred even before C first presented with leg symptoms. It was of significant concern that although junior and general medical staff correctly suspected HIT, they did not then receive appropriate specialist support and advice which meant C was not urgently treated for HIT as they should have been. The Adviser further said that they considered this incident to be a serious adverse event. As C was left with a permanent harm, the incident met the requirements for a category one Significant Adverse Event Review, as set out in guidance issued by Healthcare Improvement Scotland. The grounds on which a LAER or SAER would be commissioned were unclear in the Board’s policy, however, on balance it was unreasonable that this had not been investigated as a SAER.

In light of the evidence I have seen and the advice I have received and considered, I found that:

i. There was a failure to appropriately review and monitor C’s platelet count at the DVT clinic;

ii. There was a failure to appropriately assess and diagnose C for suspicion of HIT; provide appropriate haematology advice to medical staff and review and document C’s response to pain relief; and

iii. the Board’s handling of C’s complaint was unreasonable including their handling of the LAER

As such, I upheld C’s complaints.

 

Redress and Recommendations

The Ombudsman's recommendations are set out below:

What we are asking the Board to do for C:

Complaint number

What we found

What the organisation should do

What we need to see

(a) 

  • The care and treatment provided by the Board to C in April and May 2021 was unreasonable. Specifically, the Board failed to:

i. appropriately review and monitor C’s platelet count at the DVT clinic.

ii. appropriately assess and diagnose C for suspicion of HIT taking into account the timeframe of onset of symptoms or consider the working diagnosis of stroke as a likely manifestation of HIT.

iii. provide appropriate haematology advice to medical staff 

iv. appropriately review and document C’s response to pain relief medication once their pain had escalated.

Apologise to C for the failings identified in this report.

The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/information-leaflets.

  • A copy or record of the apology

By: 24 January 2024

 

We are asking the board to improve the way they do things:

Complaint number

What we found

What should change

What we need to see

(a)

  • Under complaint (a) I found that the Board did not appropriately review and monitor C’s blood test results.

Bloods results should be appropriately reviewed and patients receiving heparin injections appropriately monitored. Patients should receive appropriate, timely review if any new onset symptoms are reported.

  • Evidence that the findings of this investigation have been fed back to relevant staff in a supportive way for learning and improvement and to avoid a similar mistake being made again.
  • Evidence that the Board have reviewed the DVT clinic’s management and review of patients receiving heparin injections to ensure blood results are timeously reviewed and acted on appropriately.
  • Confirmation of the action taken and details of any resulting action points or procedural changes.

 

By: 20 March 2024

(a)
  • Under complaint (a) I found that the Board did not

i. appropriately assess and diagnose C for suspicion of HIT taking into account the timeframe of onset of symptoms or consider the working diagnosis of stroke as a likely manifestation of HIT.

ii. provide appropriate haematology advice to medical staff.

Patients presenting symptoms as in C’s case should be appropriately reviewed by general and speciality medical staff with reference to the timeframe of onset of symptoms and likely manifestations of HIT, such as stroke, with treatment commenced as appropriate.

  • Evidence that my findings have been shared with relevant staff in a supportive way for feedback and reflection. Evidence that consideration has been given as to whether guidance is required for the management and treatment of suspected cases of HIT.

 

By: 20 March 2024

 

We are asking the board to improve their complaints handling:

Complaint number

What we found

Outcome needed

What we need to see

(b)

  • I found the Board’s handling of C’s complaint was unreasonable. Specifically the Board failed to consider activating the Duty of Candour process at an appropriate time.

When an incident occurs that falls within the Duty of Candour legislation, the Board’s Duty of Candour processes should be activated without delay and the individual notified within the prescribed timescales.

If there is a delay in notification a full explanation should be provided.

 

  • Evidence that the findings on the Board’s complaint handling have been fed back in a supportive manner to relevant staff and that they have reflected on the findings of this investigation.
  • Evidence that the Board have reviewed their Duty of Candour processes, including timescales for activating the process and notifying the individuals concerned with details of how the guidance, and any changes, will be disseminated to relevant staff.

 

By: 20 March 2024

 

(b)
  • I found that the Board failed to undertake a reasonable adverse event review that identified key learning from C’s complaint.

i. It failed to keep C informed of the process and the reasons for selecting a LAER, rather than SAER.

ii. It failed to identify key learning from the circumstances of C’s complaint.

iii. Significant (rather than a Local) adverse event review should have been held in line with relevant guidance.

Local and Significant adverse event reviews should be reflective and learning processes that ensure failings are identified and any appropriate learning and improvement taken forward. The Board’s adverse event policy should be consistent with HIS guidance, and the type of investigation undertaken should be appropriate to the level of category identified.
  • Evidence that the Board have reviewed the Adverse Event Policy, the conclusions of the review and any actions taken as a result.

 

By: 17 April 2024

 

Evidence of action already taken

The Board told us they had already taken action to fix the problem. We will ask them for evidence that this has happened: 

Complaint number

What we found

Outcome needed

What we need to see

(b)

  • The Board’s handling of C’s complaint was unreasonable.

The outcome of the local adverse event review had been shared with the key individuals involved for reflection and learning to include improvement in documentation. Teaching sessions were in progress, commencing in July 2022.

  • Evidence that the Board have taken action in relation to this

 

By: 21 February 2024

 

Feedback

Points to note

The Adviser noted that the policy for the management of superficial vein thrombophlebitis does not include information about the monitoring of blood results which should be done for patients being treated with heparin. If this information is included in a separate policy, it is suggested that consideration is given to including a link or reference to the relevant policy that gives such detail, or to include the detail in the SVT policy itself.

  • Case ref:
    202103246
  • Date:
    November 2023
  • Body:
    Western Isles NHS Board
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    Policy / administration

Summary

C complained about the board's decision not to fund the travel and accommodation costs they and their spouse had incurred as a result of travelling to visit their child (A) who was receiving treatment under a compulsory treatment order (CTO) in a different part of the country. C complained that the board's decision had failed to take into account the provisions of section 278 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (the 2003 Act), which they considered placed a duty on the board to continue funding travel costs until A became 18, in addition to other legislation they considered to be applicable. C also complained about the board's failure to respond to correspondence in relation to this issue.

The board's position was that C was an adult once they turned 16 and that their patient travel policy did not allow for the funding of visits to adult patients. The board stated that it would have nevertheless considered funding C's visits to A had it been deemed critical by the consultant in charge of A's care but that no request for C's attendance had been made by clinicians.

We found that the board's patient travel policy did not allow for visits to patients over the age of 16 years to be funded by the board. However, we found that the board had failed to demonstrate that they had meaningfully considered the provisions of section 278 of the 2003 Act and had not adequately explained why they considered it did not apply to C and A's circumstances. We also found that the board had unreasonably failed to respond to C and their spouse's correspondence.

Therefore, we upheld C's complaints.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to C for the failings identified. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/information-leaflets.
  • The board should reflect upon the findings of this investigation and reconsider their position in relation to the award of travel expenses to C under their policy and in particular consider whether section 278 of the 2003 Act applied to C and A's circumstances between the relevant period. Having done so, the board should consider whether C's travel and accommodation costs should be met. If the board does not consider section 278 to be applicable, the board should provide sufficient reasons for its position to C.

What we said should change to put things right in future:

  • The board should acknowledge and/or respond to correspondence which requests specific information.

In relation to complaints handling, we recommended:

  • The board should ensure that complaints are identified and processed in accordance with their complaints handling procedure.

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.