Case studies & success stories

Family Success Story

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We helped with

CHC funding

We were contacted by a family in turmoil after their relative’s CHC funding – which had been in place for almost fifteen years – was withdrawn. Their difficulties were compounded by the fact the nursing home was failing to keep a proper record of care, making it difficult to evidence the complexity and intensity of the needs. The patient’s needs had not changed in any substantial way, but improper record keeping by the nursing home had provided the CCG with a loophole, which they were fully prepared to exploit. Despite the CCG’s own Assessors having confirmed the inadequacy of the nursing home’s records, particularly in respect of significant challenging behaviours, on no less than THREE occasions, it refused to overturn the decision.

To add insult to injury, the CCG failed to inform the family of the withdrawal of funding, and failed to notify the Local Authority of the change in funding status, resulting in a substantial bill being accrued to the nursing home, without the family’s knowledge! That the CCG took almost two years to arrange a Local Resolution Panel appeal was the bitter cherry on the cake.

The family instructed Farley Dwek Solicitors to act on their behalf and we conducted our own independent assessment of the patient’s needs. Our Nurse Assessor was able to confirm, through discussion with the nursing home staff, that Care Plans were inaccurate and did not reflect the care interventions required. We obtained Mental Health and GP records, which confirmed the behaviours were long-standing and unchanged. A robust Written Submission was prepared for consideration by the CCG.

At the Local Review Panel appeal, the CCG accepted the inadequacy of its process and the inaccuracy of its assessment. The decision to withdraw funding was overturned and unreserved apologies were made to the family for the worry and hardship the CCG’s actions had caused.

Remember – CHC funding can ONLY be withdrawn if the 3-month or annual review identifies that the needs amounting to eligibility have been PERMANENTLY REDUCED OR ELIMINATED.

"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

"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

"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

"Andrew had a high degree of expertise in this field and was able to offer practical advice on how best to prepare an evidenced based case. He was also able to identify areas where the framework had been incorrectly applied. With this expert knowledge and guidance, we were successful in our appeal and the original recommendation of the DST was overturned. Our mother was awarded full CHC funding, backdated with payments refunded. The best £300 we ever spent!"

Jane

"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

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Call 0161 272 5222 Email help@farleydwek.com

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