Case studies & success stories

CHC Fast Track Success Story

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CHC fast track funding

‘Mrs X’ (for anonymity) was discharged from hospital into a nursing home. However, about a month prior to discharge, she underwent a Checklist assessment for NHS Continuing Healthcare Funding (CHC) but received a negative outcome – indicating she was not eligible for CHC and that she should not be referred for a full assessment. This was despite her doctors advising she had only weeks to live!

Her family disputed the veracity of the Checklist, stating that it was done prematurely and should be ignored. Ideally, in order to get a better picture of her long-term healthcare needs, the Checklist should have been completed once Mrs X was out of the acute hospital setting and had settled into the nursing home.

Following a complaint, the CCG subsequently agreed to undertake a full assessment of Mrs X’s needs. A Multi-Disciplinary Team meeting (MDT) was convened and, following completion of their Decision Support Tool, again found that Mrs X was ineligible for CHC. Her family were aggrieved by this flawed decision, but in the meantime, until an appeal could be launched, were still obliged to continue paying for her ongoing significant care fees out of private means.

Although Mrs X was eventually awarded Fast Track funding some months later to cover the last few weeks of her life, sadly she died shortly afterwards.

Farley Dwek Solicitors were then instructed by the family to appeal the CCG’s decision to refuse CHC Funding and to seek reimbursement of wrongly paid care fees.

After a review of the papers, our specialist Team concluded that Mrs X’s health was unstable and rapidly deteriorating, and that upon discharge from hospital she should have been Fast Tracked for CHC funding in compliance with the National Framework, instead of undergoing a Checklist assessment. We argued that it was apparent to the hospital clinicians that Mrs X had a rapidly deteriorating condition and was nearing the end of her life; the same facts ought to have been apparent to the CCG which should have Fast-Tracked Mrs X for CHC Funding!

Farley Dwek lodged detailed Written Submissions in support of an appeal to the CCG’s Local Resolution Panel (LRM) who agreed that Mrs X did meet the eligibility criteria for CHC, backdated to the date of her admission to the nursing home until she was Fast Tracked a few weeks just before she passed away.

Her family are expected to receive in excess of £20,000 reimbursement for wrongly paid care fees.

Without Farley Dwek's encouragement and perseverance, I don’t think that I would have proceeded with the claim, nor would it have resulted in such a successful outcome without their professional input at every stage. Their attention to detail, care and support throughout this process has been exemplary.

Ronald

From first contact with the managing partner Andrew Farley and Ruth Pople, Senior Case Manager , Farley Dwek appeared to be a very well organised Law firm. The staff is very professional and takes all the time to explain sometimes complicated situations.

CHC client

What a life saver Farley Dwek were to myself and my Family. From the first point of contact to the final consultation, the whole process was clear and easy to understand. I 100000% recommend this people focus company that have fantastic work ethics and are so very knowledgeable. I’m so grateful for all the support.

CHC client

Absolutely brilliant from start to finish. Debbie Payton dealt with us and I cannot recommend her highly enough. Huge thank to all at Farley Dwek for dealing with such a delicate matter so promptly and professionally.

CHC client

If it wasn’t for Farley Dwek we would not have had the money paid back and as a family we’ll be eternally grateful for their knowledge, experience and professionalism in guiding us through the extremely complex world of care home fees and the NHS Continuing Healthcare Funding.

Geoffrey Matthews

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