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Judge allows vulnarable woman home - Carers UK Forum

Judge allows vulnarable woman home

Discuss news stories and political issues that affect carers.
Is it just me or this a very worrying development?

http://www.thetimes.co.uk/tto/news/uk/a ... 917154.ece

Its the last sentence that bothers me most.
I just hope that she has been awarded nhs Continuing care to pay for her to have the support she needs at home!
I read the full story in the paper and Social Services said that the lady needed 24/7 care because she was no longer able to manage her diabetes (although the lady thought she could) and no longer had capacity to make her own decisions and so was unable to understand the risk. Social Services said that they were unable to provide 24/7 care at the ladies home and without that they thought there was a "serious risk" that she would not survive.
She is going to go home with a "standard care package" Image
What worries me is that the judge said that "the right to life and the states obligation to protect it are not absolute". This sets a precedence. I wonder how many other vulnerable people who refuse care will just be left.
If she lacks capacity and has problems managing her diabetes, then she should have NHS Continuing Care provided free of charge. I'm in the middle of a wrangle with my mum's local hospital over this very subject. There is clearly a huge amount of ignorance amongst the staff dealing with my application, the rules and regulations run to 140 pages and I've now read most of them, some of them at 3am this morning as I was having a sleepless night! Most significantly is that if a person wants to have CHC provided in their own home, rather than a nursing home, then that needs to be awarded, otherwise it's in breach of their human rights. So in this particular case, where the woman goes should not be the responsibility of the local authority but the NHS, unless the NHS online documentation is wrong. In mum's case, the online information says that if it is proposed that a patient is discharged from hospital straight into a nursing home, due to the severity of their needs, they should skip the checklist stage and go straight to the MDT (multi disciplinary team) stage. Nevertheless, Matron has told me mum is basically a bed blocker who should go into a nursing home and then challenge the checklist contents once she has been discharged! I've given full details here in case someone else is also being given the wrong information.
Crocus, I don't subscribe to the Times, nor have I got the paper today. But from what you say I really shouldn't worry unduly. I don't think this sentence quoted sets a precedent. I think it is just a statement of fact. Other laws other rights and other freedoms are enshrined in what the State can and cannot do, including laws to maintain our liberties.

BowlingBun, I don't think funding per se is the issue here.

But as for NHS Continuing Care IN GENERAL I am sad to see that it looks like you yourself are being misguided concerning NHS CC assessments? I have gathered this from your various posts on the subject recently.

Please,please for your mothers sake take some professional advice on this matter. CUK and other charities will be able to help you for free.

I know how much you value "experience" so it might help you to know that my caree is full funded by NHS CC and regular reviews have maintained that funding to date.

Also from experience I know that prolonged hospital stays increase the risk of hospital acquired infections. And that checklists and assessments do not need to be completed exclusively in a hospital setting.
Continuing Care is not granted on lack of capacity or what the caree suffers from, but a whole set of different criteria, looking at all aspects of the caree's capability and isn't decided by the team who collate the information needed, but by a panel who go on the information provided.
You can appeal, but the whole process goes on the condition of how the caree is now, not what they suffer from, past medical conditions, if live alone or even have a carer, just on their physical and mental condition NOW.
And the bar to fulfil the criteria is set high.
I really don't want to get into an argument about Continuing Care. I've spent the last few days reading up the CC National Framework. It is absolutely certain that the rules and regulations, as outlined in the Framework, are not understood at my local hospital. That is a matter of fact, not opinion. I would suggest to anyone who has a relative about to be discharged from hospital that they read through the Framework. After all, forcing a vulnerable to pay for care when they could have had it free amounts to financial abuse.
It's not an argument Bowlingbun, just experiences from people who have been through it.
I know several of you on this thread have see this before but I am convinced hospitals and social workers are instructed to try it on.
One day I was told the house I owned jointly with my father would have to be sold. I was also told if I did not provide funds my father could be let out on to the street and possibly murder a child and I would be responsible.
I left the hospital after saying I was going to see a solicitor and later got a call saying the mental health nurse wanted to see me.
During that meeting I was told Dad was being granted NHS funding for 3 months and it would be reviewed at the end of that time.
Sadly Dad died after only 7 weeks so the 3 month review never happened.
I was not present when the NHS funding was granted. I can only assume a review took place in my absence.
I was advised to ask for a copy of the review the day before Dad died and I was told I would have to pay £10. I had written the letter and made out the cheque but I had not posted it.
I did not see any point in paying £10 for this service after Dad had died as his 7 weeks care cost us nothing.

Brian
What is so often overlooked is the bigger picture.

we are talking here about taxpayers money and we are all tax payers.

The criteria is set. if we meet the criteria we get funding. if we don't we have to pay for our own care.

Like it or not this is the situation. It is SO simple.

Personally, should I need care in the future my family know that my savings and property will be used to pay for my care. Unless my health NEEDS reach the criteria which I hope to God they don't.

And the criteria is published and is easy to read and understand. if anyone gets confused when reading it and applying it to their own situation .....simply seek professional advice.

Put it another way. If this country could afford and was willing to pay for all nursing home residents, I would be tempted to book in right now.

PS no thanks to any more PMs on this or any subject, I am only interested in open discussion.