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.

Without Farley Dwek's encouragement and perseverance, I don’t think that I would have proceeded with the claim, nor would it have resulted in such a successful outcome without their professional input at every stage. Their attention to detail, care and support throughout this process has been exemplary.

Ronald

My sister and I have received absolutely first class professional support, guidance and advice throughout an extended period of time, seeking CHC on behalf of our mother. Every member of the team, with whom we had various communications with, were professional, courteous, and clear. The process is a challenging one and without their guidance, support and expert knowledge we would not have achieved the successful outcome that we did. We cannot recommend them enough.

CHC client

First Class Service. Kept us informed throughout, highly professional and I would not hesitate to use Farley Dwek in the future. Great service thank you.

CHC client

Honest, straight-talking, knowledgeable solicitors. I contacted Farley Dwek via their online ‘contact us’ form regarding my father’s eligibility for NHS continuing care. I knew they were experts in the field and I had already paid for and downloaded their excellent guide on the subject. Despite the fact that it became quickly obvious that there was no case for them in this instance, Ruth still gave me close to an hour of her time and was compassionate, extremely knowledgeable and also willing to give me an honest, off-the-cuff appraisal of our situation and chances of receiving funding.

CHC client

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

Get in touch with our team today

Call 0161 272 5222 Email help@farleydwek.com