Case studies & success stories
Barbara’s Story
We helped with
CHC funding
Mrs Barbara Brogden was admitted to a nursing home in Leeds 2004 and due to her capital and income the family were told she had to pay for her own nursing care. Despite changes to her health, which meant that the decision not to fund care should have been re-assessed, she continued to pay for her own care until she sadly died aged 79 in February 2009. After reading about families who had successfully recovered care home fees, Mrs Brogden’s son Paul instructed Farley Dwek Solicitors to review the case. He was shocked to discover she should have received funding for her care. This was because her care needs had changed but this fact wasn’t reflected in the funding decision by the local Primary Care Trust (PCT).
Leeds Primary Care Trust has now agreed that Mrs Brogdon’s care needs should have been funded after all. Farley Dwek is now seeking to recover around £45,000 in fees.
Mr Brogdon said:
“My mother was in a nursing home because she was very ill and required intensive nursing care. I was simply told that as she had savings and a house, she had to pay for her own nursing home fees. No other option was given. If we hadn’t seen an article about a person who managed to claim back her mother’s care fees we wouldn’t have known about NHS continuing care.
“Other families must come forward if they feel they have been unfairly charged and take legal action. The NHS will try and put you off and it can be a bureaucratic process but you must remember you are entitled to this refund because mistakes were made.”
Andrew Farley, director at Farley Dwek Solicitors, said:
“Like hundreds of other sons and daughters who have seen their parents struggle to meet the costs of care home fees in the latter stages of life, Mr Brogdon has had to battle hard for something to which his family is – and always have – been fully entitled too. It is unfair that hard-working families should have to pay for the mistakes made by the NHS and the Primary Care Trusts. The sad thing is there are hundreds of other families out there who are unaware that they should have received funding too.”