Case studies & success stories

Reclaiming £30k in Care Fees

We helped with

Reclaiming Care Fees

This week’s success story concerns a family who had been wrongly charged for their mother’s care home fees.

Farley Dwek Solicitors were instructed to pursue a retrospective claim for NHS Continuing Healthcare Funding on behalf of the late ‘Mrs X’ (for anonymity) after her application for NHS-funded care was rejected by her local NHS Clinical Commissioning Group (CCG). Her family were dissatisfied with the CCG’s decision and so approached us for assistance. Farley Dwek obtained copy of the patient’s care home and medical records and carried out our Records Review. We found that the CCG’s assessors had failed to consider all the relevant evidence and had manifestly underscored Mrs X’s needs in some of the care domains. We appealed the CCG’s decision to refuse CHC funding to her Local Resolution Panel. However, at appeal, the CCG again held that Mrs X did not meet the eligibility criteria and so refused to award her CHC funding.

Our Team at Farley Dwek maintained that the CCG’s previous decisions were patently inaccurate and clinically unsound and that the Mrs X was eligible for full CHC funding during the period in question. Firm in our belief, we then appealed the matter to an Independent Review Panel (IRP) conducted by NHS England. Having lodged our detailed written Appeal Submissions in advance, we argued our case in front of the IRP.

The Panel agreed with us and found that the CCG’s decision to refuse CHC funding was ‘unsound’ and that Mrs X should have received CHC funding had she been correctly and robustly assessed at the outset by the CCG. In their outcome decision, the IRP recommended that Mrs X was entitled to retrospective reimbursement for wrongly charged care fees for the whole period under consideration. Mrs X’s family are expected to recover care fees in excess of £30,000.

We were so pleased to help this family achieve justice for their relative and secure CHC funding to which she was legally entitled.

"I am over the moon with the way in which Farley Dwek Solicitors have handled my late father’s claim. We were kept informed throughout the whole process and had frequent contact with our solicitor, Jonathan Dwek. His experience and empathy instilled great confidence and I am delighted with the outcome."

Craig Phillips

"I feel like the presence of Farley Dwek in the process was the key factor in our family securing the funding and saving £1,400 per week in care home fees for the BUPA hospital that we had chosen. To say we are pleased with Farley Dwek is an understatement. We’ve been absolutely delighted with everything the team has done and would recommend any family in the same circumstances speak directly to them to give them the best chance of getting the funding."

Mr Barrow

"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

"Thanks to Andrew’s guidance, we were able to articulate and feedback our reservations to the CHC and they ended up ruling in our favour. We therefore did not end up having to formally instruct Farley Dwek for representation but our impression was that they were an exemplary firm with judicious invested leadership and noble ethics."

CHC client

"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

Get in touch with our team today

Call 0161 272 5222 Email help@farleydwek.com