Case studies & success stories

Independent Assessment Success Story

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Independent Assessment

This week’s success story is one of perseverance and, ultimately, negligence by a very well-known provider.

The family came to us after an application for CHC funding had been rejected by the Integrated Care Board ICB). The patient was in receipt of 24-hour 1:1 care, which the home had insisted was required due to the risks posed by his challenging behaviours. When the patient was found not eligible for CHC funding, the family was faced with a monthly bill of over £10,000. When they refused to pay, the home tried to evict the patient, but no alternative placement could be found, even with the assistance of a specialist agency. The family was stuck between a rock and a hard place.

We conducted an independent assessment for CHC funding and recommended the decision be appealed. Our review of the care home’s records revealed shocking omissions and a clear failing to evidence the need for 1:1 care, which is why the application for CHC funding had been turned down. Whenever this highly restrictive level of care is required, the care provider must demonstrate why it is needed – through 10-minute observation charts – and must demonstrate its attempts to find an alternative solution – through detailed behaviour monitoring charts or “ABCs” (Antecedent, Behaviour, Consequence). In this case, the home had not even bothered to document incidents of assault so serious the police had been called.

Despite these failings on the part of the care provider, we were able to pull together sufficient evidence from its inadequate records, the Mental Health Team and the family to demonstrate clearly the severity of the risks posed by the behaviour, and the need for 24-hour 1:1 care.  At Local Resolution appeal, the ICB overturned the decision of ineligibility and agreed to reimburse almost two years’ care fees, and to fund the placement going forward.

A genuine need for 24-hour 1:1 care should ALWAYS lead to a finding of eligibility for CHC funding on the grounds of nature and intensity, as it far exceeds the lawful remit of the Local Authority. However, in our experience, many families find themselves being asked to foot the extortionate bill for these fees, usually because the care provider has failed to demonstrate why this level of care is needed.

Is your relative being charged for 1:1 care unnecessarily? Contact us today for advice on 0161 272 5222 or 0800 011 4136 or get in touch via at farleydwek.com if you need help with your CHC case.

"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

"First Class Service. Kept us informed throughout, highly professional and I would not hesitate to use Farley Dwek in the future. Great service thank you."

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. Very knowledgeable in her field, always ready to offer insight and support and quick to respond to queries, we would have been lost without her! If you are looking for some advice and guidance on CHC’s look no further. Recommend without hesitation."

CHC client

"Honest, straight-talking, knowledgeable solicitors. I contacted Farley Dwek via their online ‘contact us’ form regarding my father’s eligibility for NHS continuing care. I knew they were experts in the field and I had already paid for and downloaded their excellent guide on the subject. Despite the fact that it became quickly obvious that there was no case for them in this instance, Ruth still gave me close to an hour of her time and was compassionate, extremely knowledgeable and also willing to give me an honest, off-the-cuff appraisal of our situation and chances of receiving funding."

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

Get in touch with our team today

Call 0161 272 5222 Email help@farleydwek.com

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