Case studies & success stories

Mr Wright’s Story

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CHC funding

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.”

"From first contact with the managing partner Andrew Farley and Ruth Pople, Senior Case Manager , Farley Dwek appeared to be a very well organised Law firm. The staff is very professional and takes all the time to explain sometimes complicated situations."

CHC client

"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

"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

"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

"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

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