Case studies & success stories

Mr Wright’s Story

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Mr Wright, 46, of Norwich was shocked to discover that his late parents Jack and Jean may have paid for care fees unnecessarily and is now taking legal action to try and recover fees of around £70,000 plus interest from Norfolk PCT and Hampshire PCT. Jack was initially reluctant to leave home and enter a care home, and therefore relied on home help on a daily basis. Once this was no longer sufficient to meet his needs he stayed in Baytree House, Norwich, for twelve months until he passed away aged 85. The nursing home fees were approximately £560 per week. Jean stayed in Bedhampton Nursing Home, Hants for fourteen months until she passed away aged 76. The nursing home fees were approximately £700 per week.

Both parents never had their care needs assessed during their time in the care homes, a process which informs key funding criteria and can alter decisions made by PCT’s. The cost of the care home fees for the pair was more than £70,000 and legal experts say both parents may have been eligible for funding despite being told otherwise.

“I’m upset and angry that my parents were unfairly rejected for funding by the local primary care trusts. I strongly believe other people have probably found themselves in the same position.

We were told that due to my parent’s capital and income they would both have to pay for their own nursing care costs. When the rejection letter came through my parents both accepted it. They would have never questioned the integrity of the NHS but since reading about mistakes being made I believe they shouldn’t have paid.

The fact that my parents and the rest of the family had to suffer needlessly is very upsetting. The NHS and the Government should have done more to let families know that mistakes were made so they could be rectified.”

Andrew Farley, director at law firm Farley Dwek Solicitors, which is handling the case, said:

“If your parents were told that they could only have been assessed on ‘financially eligibility’ then you should challenge the decision immediately. We’re representing hundreds of families who were initially rejected for families and we suspect there are thousands of other families who can successfully claim back care home fees. We estimate there is hundreds of millions of pounds available for families to recover from PCT’s who made mistakes.”

"We approached Farley Dwek 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

"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

"Andrew had a high degree of expertise in this field and was able to offer practical advice on how best to prepare an evidenced based case. He was also able to identify areas where the framework had been incorrectly applied. With this expert knowledge and guidance, we were successful in our appeal and the original recommendation of the DST was overturned. Our mother was awarded full CHC funding, backdated with payments refunded. The best £300 we ever spent!"

Jane

"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

"Fantastic service from all of the team at Farley Dwek. The case was a minefield to us but with FD’s expertise and compassion a very positive result. No hidden fees at all. Again our sincere thanks for all of your help and support. The result was what we had been hoping for. They clearly have a specific expertise in this area and I’m very glad that I sought their advice."

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