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by a family in turmoil after their relative’s CHC funding – which had been in place for almost fifteen years – was withdrawn.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Remember – CHC funding can ONLY be withdrawn if the 3-month or annual review identifies that the needs amounting to eligibility have been PERMANENTLY REDUCED OR ELIMINATED.

We approached FD for help in appealing a faulty CHC funding decision. Highly impressed with the in-depth & very detailed investigation by their expert nursing practitioner. Eventually we got a very good result which was entirely the result of FD’s work. Definitely recommended.

Rob

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

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

My sister and I have received absolutely first class professional support, guidance and advice throughout an extended period of time, seeking CHC on behalf of our mother. Every member of the team, with whom we had various communications with, were professional, courteous, and clear. The process is a challenging one and without their guidance, support and expert knowledge we would not have achieved the successful outcome that we did. We cannot recommend them enough.

CHC client

My family and I cannot rate Farley Dwek Solicitors high enough for all their work in helping us with a successful appeal to grant my father CHC in his care home. As soon as I contacted them I felt listened to and supported and our solicitor Debbie was nothing short of incredible.

Emma

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Call 0161 272 5222 Email help@farleydwek.com

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