Leslie & Jean’s story

Mr Leslie and Mrs Jean Needham from Rotherham, South Yorkshire, were both admitted to different care homes by Rotherham PCT and then Barnsley PCT. Their daughter Mrs Jacqueline Atkin approached law firm Farley Dwek who are now seeking a refund for the £66,000 care home fees which were wrongly paid from 2008 – 2011. Their cases are now both being handled by the West and South Yorkshire and Bassetlaw CSU retrospective Close Down Project. Mr Leslie Needham, 81, suffered with a history of dementia, Alzheimer’s, depression and memory loss. He was admitted to two care homes owned by Rotherham PCT from April 2008 – July 2009. The family estimate they paid £30,000 in care fees for his time in care.His case was registered with Rotherham PCT on 4 January 2012. An assessment was completed by Rotherham PCT on 14 March 2012 which confirmed the ‘checklist’ had been completed and indicated a full Continuing Healthcare Funding review was necessary.

The family was advised in May 2012 the retrospective Close Down Project was being set up to manage their claims. They weren’t updated about their claim by the Close Down Project until a letter arrived on 23 July 2013 confirming a ‘Checklist’ has been completed and indicating a full review was necessary to access their claim. This was 16 months after Rotherham had previously confirmed the same action, who evidently had done little or nothing to progress the matter in the meantime. There was no timeframe provided for the completion of the full review and the family felt their case was being stalled by the Rotherham PCT.

Mrs Jean Needham, 78, suffered from dementia, Alzheimer’s and chronic kidney failure. She was in care from 30 April 2008 – 04 October 2011 in two different care homes covered by first Rotherham PCT and then Barnsley PCT. Her family paid £36,000.00 paid in care fees.

Her case was registered with Barnsley PCT on 11 October 2011. Her family were advised in May 2012 the Retrospective Close Down Project was being set up by to manage the claims. A letter was sent on 27 February 2013 confirming a ‘Checklist’ had been completed and it indicating a full review was necessary. Mrs Atkin is still waiting for an update from them regarding the completion of a full review.

Mrs Jacqueline Atkin said:

“My parents were in care for about one and a half years as their needs were so demanding. They needed intensive nursing care. They were told as they had savings and a house, they would have to pay for their own nursing home fees. They were forced to sell our family home, which they’d originally wanted to bequeath to us, to cover the costs. To add insult to injury, my father, who received a substantial company pension, had to use that as payment. He was effectively penalised for working hard. All their savings were eaten by care home costs.

No other option was given. If we hadn’t seen an article about a person who managed to claim back her mother’s care fees we wouldn’t have known about the refunds they were entitled to.

Our case has been delayed by the retrospective Close Down Project, set up by Rotherham PCT. I’m frustrated that everything seems to take so long, establishing the ‘Close Down Project’ has just made it all ten times worse. The process is now so long and complex it’s like it’s been designed to deter people from trying to secure refunds.

Other families must come forward if they feel they have been unfairly charged and take legal action. The NHS will try and put you off and it can be a bureaucratic process but you must remember you are entitled to this refund because mistakes were made.”

Hannah McLuckie, solicitor at Farley Dwek Solicitors, said:

“I’ve got no doubt that Mrs Atkin’s case is the tip of the iceberg. The Close Down project is a bureaucratic nightmare. It’s unfair that hard-working families should have to pay for the mistakes made by the NHS and the Primary Care Trusts. The sad thing is there are hundreds of other families out there who are unaware that they should have received funding too. With average claims totalling £45,000 that can date back to April 2012, it’s well worth hundreds of families pursing a refund case.”