Case studies & success stories

Joan’s Story

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We helped with

CHC funding

‘Joan’ (not her real name) was living in a care home and privately paying substantial monthly fees for her care.

Her family made an application NHS Continuing Healthcare funding (CHC) but it failed, and Joan was found ineligible for free funded care.  She was therefore forced to use up her savings to pay for her own ongoing care at the care home.

Her family approached Farley Dwek Solicitors to see if we could assist with Joan’s appeal to get NHS CHC funding for her care home fees.

After collating and analysing copious care home and medical records, we lodged Joan’s appeal with her local Clinical Commissioning Group (CCG).

Some months later the matter was dealt with on appeal by the CCG’s Local Resolution Meeting (LRM). Our nurse advocate in attendance found “many irregularities where due process and the NHS National Framework were not followed robustly.” 

The LRM then took an inordinate time to consider eligibility, and despite much frequent chasing, no outcome decision was in sight. Our nurse advocate reported, “I am concerned the family are still awaiting an outcome of the LRM as this is usually completed on the day not 6 weeks later and still waiting….This has been extremely distressing for the family and unacceptable to not have an outcome and I believe NHSE would agree there have been major breaks within the CHC, LRM process.”

Given the delays in finalising the LRM appeal process and notifying the family of the outcome decision on eligibility, Farley Dwek lodged a formal complaint with the CCG.

In the meantime, whilst waiting for the outcome of the appeal, Joan was running out of funds and her family contacted us to say they were now having to consider selling her house in order to pay for her ongoing care. The matter was becoming even more urgent!

The LRM’s draft Decision Support Tool was eventually received some months later and it recommended Joan was indeed eligible for CHC funding. However, the LRM’s recommendation still had to be approved by the CCG, who had the final decision as to funding. Once accepted, it would result in the CCG taking over payment of Joan’s ongoing care home fees and relieve her of this huge financial burden.

Another two months on, and there was still no confirmation that the CCG had approved the LRM’s recommendations for CHC funding – despite more chasing, much frustration and anxiety, and Joan still paying care expensive daily care fees!

This triggered yet another formal complaint which eventually prompted the CCG’s agreement to CHC funding and accepting responsibility to take over funding Joan’s care home fees. Joan’s family calculate that this successful outcome has saved her over £231,000 future care during her placement in the care home. In addition, the CCG also made a backdated, retrospective payment of almost £120,000 – reimbursing Joan’s care fees wrongly paid during assessed period of eligibility for CHC funding.

The CCG’s conduct and significant delays in processing this appeal for a living patient who was running out of hard-earned funds, was simply shocking – even though the CCG were repeatedly made aware of the urgency of the situation.

The family recognise that without Farley Dwek’s intervention and perseverance to bring this matter to a successful conclusion, Joan may have continued paying for her care quite needlessly, and probably would have ended up selling her home.

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

Without Farley Dwek’s support we wouldn’t have secured the funding. Soon after we presented our case with Farley Dwek we were informed by the NHS that my mother was entitled to the funding after all. It was a huge relief because the size of the care home fees can be a huge worry.

David Newton

We would thoroughly recommend Farley Dwek as an organisation and Debbie Payton in particular. We feel that all that she has achieved on behalf of my father is worth every penny and we believe we could not have got this outcome without her. We cannot thank Debbie enough.

Rachel W

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

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

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Call 0161 272 5222 Email help@farleydwek.com

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