[phpBB Debug] PHP Warning: in file [ROOT]/phpbb/session.php on line 585: sizeof(): Parameter must be an array or an object that implements Countable
[phpBB Debug] PHP Warning: in file [ROOT]/phpbb/session.php on line 641: sizeof(): Parameter must be an array or an object that implements Countable
Needing urgent legal advice - Carers UK Forum

Needing urgent legal advice

Share information, support and advice on all aspects of caring.
Hi there. I've had a Safe-Guarding conclusion meeting last week about my Mother's unpaid care fees. I produced emails verifying I have investigations ongoing about NHS Continuing Health Care social services + local CCG failed to support me with. Which they ignored. My Mother has health issues which she should be qualifying for NHS Continuing Health Care, they don't want to know. All they are interested in is getting money from a vulnerable adult; they have a duty to support. Is there any way on this earth I can delay things? As I now have Local Government Ombudsman looking into not just this issue, but other failings the local authority have caused, where they have conveniently shrugged all responsibility.

I'm panicking badly, as they're now threatening (after having gotten OPG involved investigating my Mother's finances; which turned out everything was in order) to get the Court of Protection to recover my Mother's care fees - which shouldn't be the case with her having health needs the local authority conveniently ignore. I stressed the importance of me having been denied vital Advocacy Support all this time which would have aided me dealing with complexity of things; but it all got ignored. The local authority however much I have put in complaints have shrugged aside any wrong doing on their part. I'm exhausted. If it wasn't for my Mother, I'd have ended things by now - live ain't worth it.
This is from AgeUK's factsheet on NHS Continuing Healthcare:

8 Refunds of care charges if the NHS should
have paid

You may be entitled to a refund to cover care costs you have incurred
when a CCG eligibility decision is:
 unjustifiably delayed or
 revised following reconsideration using the CCG local review process or
as a result of an IRP recommendation.
You may be entitled to a refund if a retrospective review of your situation
indicates you should have been considered for NHS CHC and were
found eligible when you were assessed. Guidance on refund
responsibilities when an NHS CHC eligibility decisions are delayed or
disputed are described in Annex F of the 2012 National Framework

As this - and other information I have found on the internet - all refer to refunds of paid care home fees, it would seem that you are required to pay the fees upfront and then possibly apply for a refund if NHS Continuing Healthcare is granted.

I'm sorry that this is not probably what you wanted to hear and would recommend that perhaps you take some legal advice on the matter.
As I have found out there's a National Scandal where vulnerable, disabled, frail and ill people like my Mother are being prevented from qualifying for what they are entitled to - namely NHS CHC funding. And that it is illegal for people to be charged for care fees when they have health issues resulting, like in my Mother's case in Strokes that have caused loss of mobility and other serious health issues; I have refrained from paying care fees. The system seems to give local authorities freedom to pressure, dictate and demand they are within their rights to care fees they should have facilitated us obtaining the funding from the local CCG.
It is indeed a national scandal Butterfly.

I have just started the process of CHC for my mum but I don't hold out much hope from what I've read and what people tell me.
I've got Compass CHC investigating my Mother's situation. They sound like they know their way round the system, with all it's complexities. After I'd exhausted quite a few avenues trying to find someone that appreciated the complexity of my Mother's situation, I contacted them. They are in the process of gathering care records from the current Care Agency, and are putting together a case to forward onto the local CCG. Have you looked up caretobedifferent? Lots of info and tips on how to deal with CHC. I've come across various petitions online; unfortunately things go at a snails pace. Including the cap on how much someone's to pay; like all it is about money. Shame the powers that be don't have a conscience. What about how much money they've paid into the system all their working lives? Heart-breaking, to say the least.