Case studies & success stories

Retrospective Review Success Story

Heart hands icon

We helped with

Retrospective Review

Farley Dwek Solicitors acted on behalf the late Mr X in pursuing his retrospective claim for NHS Continuing Healthcare Funding against his local Clinical Commmissioning Group (CCG). We successfully argued that he was eligible for CHC Funding for a short period of care leading up to his death. Mr X recovered reimbursement of care home fees that were wrongly paid to the care home during this period.

However, that isn’t the end of the matter. The case raised an interesting point of principle…

Under the terms of the contract with the care home, Mr X’s family were charged ongoing fees for an extended period of care fees beyond his passing. Mr X’s family argued that this was unreasonable, but the care home stuck to their contractual rights and insisted on payment for the full extra period.

We turned to the CCG and sought reimbursement for this additional period from them instead, but they, too, refused to repay Mr X’s family. The CCG argued that they were only liable to reimburse actual care fees paid for the support provided up to the date of death, not beyond.

We disagreed and contended, that if the CCG had carried out a robust assessment of Mr X’s eligibility in the first place, they would have found that he was indeed eligible for CHC Funding at the outset. In that eventuality, the CCG would have entered into a standard contract with the care home and taken over responsibility for direct payment of Mr X’s fees. Upon death, all future payments for care fees would inevitably have come to an immediate end pursuant to that contractual arrangement (CCGs understandably don’t pay a day longer than necessary), and there would be no further liability to the care home for fees beyond the date of his passing.

However, the CCG refused to consider reimbursement of any additional fees beyond the date of death.

Farley Dwek lodged a complaint with the Parliamentary and Health Service Ombudsman (PHSO) who investigated the matter. They agreed with our position and found that had the CCG awarded CHC at the appropriate time, Mr X would not have needed to take out a private contract with the care home and therefore would not have been liable for these extra fees post-death.

The PHSO referred to the NHS Redress Guidance, whose core essence is to put the complainant back to the position they would have been in, but for the CCG’s maladministration. The CCG had failed in their duty to make proper restitution, and accordingly, have now agreed to reimburse this additional period following the PHSO’s intervention.

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

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.

CHC client

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

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

A sound investment! I had researched a number of firms offering assistance to help secure CHC funding for our Mum. I was very glad I chose Farley Dwek. Both my brother and I are retired solicitors and are able plough our way through regulatory material and legislation, However, neither of us had any experience in this area of law. I really appreciated Farley Dwek’s transparent and sensible advice. I would recommend doing the initial screening exercise with one of their nurses, we had the excellent Diane Jenkins for screening (and eventual support at the MDT).

CHC client

Get in touch with our team today

Call 0161 272 5222 Email help@farleydwek.com

By submitting this form, you agree to the data handling as stated in our Privacy Policy