Kind Regards
Mary Moss
Looking at former cases challenging the Ombudsman's handling of complaints under the 1983 MHA shows that in the case my dead brother Edward Moss’s complaint before he died, which is the case in point here the PHSO’s decision not to investigate after two years and the decision-making process is unlawful, in that they have used one area of my complaint, about a service's monitored by them, in the health setting, to debunk all other valid complaints about my brothers care and treatment in the NHS.There is evidence in their correspondence of a legal stand point and technicality to close the case and so this evidences a pre-determination of the outcomes of any investigation, into my brother's care, in the NHS, which is in their duty to investigate. The standard of review is unclear and cannot be consistently applied by due process, on each complaint.
l seek a judgment that re-affirms the importance of the role and function of Ombudschemes, which offer a valuable route of redress for persons aggrieved by fault or service failure by the bodies or organisations that fall within the remit of those schemes.
In particular, so that it affords a free and less formal way of getting redress than through the courts and Ombudschemes so PHSO can be able to recommend a wider set of remedies, including apologies or systemic changes that might not be available through traditional proceedings before a court or tribunal.