By Rosalind Hughes, founder, Just Caring Legal
Just Caring Legal has recently won a six-figure refund on behalf of a Northumberland family. We helped the family appeal after their relative was assessed as ineligible for NHS Continuing Healthcare. As I listened to their story, I spotted a host of flaws in their NHS CHC assessment process. One of the main ones was that the family never knew the assessment was taking place. Much less were they invited to attend. This was clearly contrary to the National Framework for NHS Continuing Healthcare. The Framework is clear: NHS Continuing Healthcare assessments should never happen behind closed doors. (However, please note: this only applies to assessments that took place before 20th March 2020. Emergency Coronavirus legislation has temporarily relaxed the duty to follow the National Framework and carry out assessments after this date.) It’s best to give us a call to discuss your individual circumstances so don’t be put off.
What is NHS Continuing Healthcare?
NHS Continuing Healthcare provides care outside hospital for people who have a ‘primary health need’. However, trying to claim on behalf of vulnerable relatives can be complex and stressful. You may be passed from pillar to post and wait months for a decision. You may find vital meetings have taken place without your input. Decisions on eligibility can feel arbitrary, unjust, just plain wrong. And assessment processes all too often fail to adhere to the National Framework. Meanwhile your relative continues to pay for care that they may be entitled to receive for free.
What is a person-centred approach?
The National Framework says assessments should follow a “person-centred approach”. The framework is very clear about what this looks like. The individual and their representative should be able to understand the assessment process. You should receive advice and information to maximise your ability to participate in an informed way. Decisions and rationales should be transparent from the outset for individuals, carers, family and staff alike. In other words, NHS CHC assessments should never happen behind closed doors.
Who can be a representative?
In this case, representative means any friend, unpaid carer or family member who is supporting the individual in the process. It also means anyone acting in a more formal capacity such as a welfare deputy or attorney. Or it could mean an organisation such as a legal firm representing the individual. The main point is that assessments should only happen with the full and transparent involvement of those who know the person and their history the best.
Has your relative’s NHS CHC assessment taken place behind closed doors?
If so, you may well have grounds to appeal. (As long as the assessment took place before March 20th). Not sure where to start? Then why not talk through your concerns with us? We will listen compassionately to your story. We will give practical advice in plain English. And if appropriate, we will fight your appeal all the way to the end. That is what we do every day here at Just Caring Legal. So call or email us today for more information.