Case studies & success stories

ICB Decision Appeal

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ICB Decision Appeal

This week’s success story concerns a patient who sustained a considerable pressure injury having been left in an unsuitable chair for too long by the nursing home. Staff had accepted his decisions to decline repositioning, notwithstanding Mental Capacity Assessments confirming he was unable to make informed choices about this care due to a severe cognitive impairment.

Despite the fist-sized, necrotic wound having been graded by the Tissue Viability Nurse only days earlier as a category FOUR ulcer, extending to the underlying tendons or bone, the Multi-Disciplinary Team (MDT) assessed only a ‘High’ level of need in the Skin domain. The stated rationale that the wound was “responding to treatment” confirmed a clear misapplication of the descriptors on the Decision Support Tool.

Problems with wound healing were further compounded by severe contractures, lack of sitting balance, lower limb spasticity and spasms.

The Nurse Assessor unilaterally reduced the assessed ‘Severe’ level of need in the Cognition domain to ‘High’ after the MDT, without discussing with the Social Worker, following a review of care plans, ignoring the Mental Capacity Assessments and Deprivation of Liberty Order.

Despite the unequivocal complexity of the patient’s needs, the ICB ratified the recommendation of the MDT that he did not meet the criteria for CHC funding.

Farley Dwek were instructed to appeal the decision on behalf of the family, obtaining detailed records and photographs by the Tissue Viability Nurse which contradicted much of the contents of the nursing home’s inaccurate documentation about the pressure ulcer. Detailed Written Submissions were provided to the NHS Integrated Care Board (ICB) in support of the appeal.

Following a brief Local Resolution Meeting, the ICB overturned the decision of ineligibility within 24-hours, correctly increasing the level of need in both the Skin and Cognition domains to ‘Severe’.

"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

"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

"We felt more confident going into the review process with Farley Dwek on our side. After they attended the assessment meeting with us we secured the funding and we continue to save on the astronomical care home fees that we might otherwise have had to pay."

Edward Battersby

"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

"The service I have received from Andrew Farley for a Continuing Healthcare Funding claim for my mother has been excellent. The initial contact with Andrew gave me a clear picture of the process, outlining timescales and explaining the stages that I would have to go through to achieve a successful outcome."

Mrs P

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