Case studies & success stories

Barbara’s Story

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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.”

I am over the moon with the way in which Farley Dwek Solicitors have handled my late father’s claim. We were kept informed throughout the whole process and had frequent contact with our solicitor, Jonathan Dwek. His experience and empathy instilled great confidence and I am delighted with the outcome.

Craig Phillips

I found this firm to be thorough, professional, knowledgeable, and available when needed. The outcome was exactly what we had been hoping for. I have no doubt that this firm played a significant role in achieving that.

CHC client

Thanks to Andrew’s guidance, we were able to articulate and feedback our reservations to the CHC and they ended up ruling in our favour. We therefore did not end up having to formally instruct Farley Dwek for representation but our impression was that they were an exemplary firm with judicious invested leadership and noble ethics.

CHC client

If a relative of yours is going into a care home or nursing home, I’d 100% recommend you to call Farley Dwek to see if you are eligible for NHS Continuing Healthcare Funding.

Peter Shaw

Without Farley Dwek’s support we wouldn’t have secured the funding. Soon after we presented our case with Farley Dwek we were informed by the NHS that my mother was entitled to the funding after all. It was a huge relief because the size of the care home fees can be a huge worry.

David Newton

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