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.

A sound investment! I had researched a number of firms offering assistance to help secure CHC funding for our Mum. I was very glad I chose Farley Dwek. Both my brother and I are retired solicitors and are able plough our way through regulatory material and legislation, However, neither of us had any experience in this area of law. I really appreciated Farley Dwek’s transparent and sensible advice. I would recommend doing the initial screening exercise with one of their nurses, we had the excellent Diane Jenkins for screening (and eventual support at the MDT).

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

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

You don’t need any more worry about how to come up with the money at a time when you are trying to cope with the emotion and distress of trying to get the best care possible for loved ones. This needs sorting out and I’m glad Farley Dwek is on my side and helping through the process.

Brian Marshall

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

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Call 0161 272 5222 Email help@farleydwek.com

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