assessments

Social Care for Those With Long-Term Mental Illness Is Usually Free

Being told you have to sell your house to pay for care is one of the biggest fears many people face. What makes this even more stressful for people is that in some cases, it is not necessarily true. People with mental health conditions may qualify for NHS Continuing Healthcare funding.

Take a recent client – we will call him Michael. Michael has spent years caring for his wife Julie, who suffers from severe mental illness. Eventually after her condition worsened and reached crisis point, Julie was sectioned. This was extremely upsetting for Julie’s family. When it was time for her to leave hospital after a lengthy stay, it was clear Julie would need long-term residential care due to her condition. The social worker told Michael he would have to sell his home, which he owns jointly with Julie, to pay for the care – even though Michael and his wife still lived in it.

As in so many cases we hear about here at Just Caring Legal, that information was just plain wrong. People like Julie who have been kept in hospital under the Mental Health Act for long periods usually qualify for free support after they leave hospital. The law that gives this right is section 117 of the Mental Health Act. It is often referred to as ‘section 117 aftercare’ .

What is Section 117 aftercare?

Section 117 aftercare is available to those who have been detained because of a mental health condition under Section 3 of the Mental Health Act. Section 3 covers longer stays in a mental health setting in contrast to a maximum 28-day Section 2 stay.

The sort of things that might make up aftercare services under section 117 include: healthcare, social care and employment services, supported accommodation, and services to meet your social, cultural and spiritual needs.

The crucial point about Section 117 aftercare is that it is free to the individual who needs it. It is designed to meet the longer-term needs arising from their mental health condition. Additionally, it was created to reduce the likelihood of their mental condition getting worse.

However, like many of our clients, Michael did not receive any of this vital information at the time. In fear of losing his home, Michael got in touch with us, and we were able to tell him about these crucial rights.

The family do not necessarily need to sell their property to pay for aftercare

We hear of many situations where people believe – wrongly – that they must sell their home to pay for a relative’s care. Occasionally, that is because someone in authority has told them this. Often it is simply not true. There can be other avenues to explore first. Section 117 is one example, NHS Continuing Healthcare funding is another.

If you have a relative or friend coming out of a lengthy stay in a mental health setting who needs continuing care, be aware of this important information. They may be entitled to free aftercare under section 117 of the Mental Health Act. Be sure to ask the social or mental health worker managing their case about this as soon as the subject is raised. Don’t accept at face value the claim that you must use proceeds from your property to pay for care.

And if you are still in doubt, get in touch with Just Caring Legal for a free consultation about your case.

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Where Is the Meaningful Data on NHS Continuing Healthcare Assessments

What do we really know about the experiences of those going through NHS Continuing Healthcare eligibility assessments?

If someone is eligible for NHS Continuing Healthcare this should cover both their health and social care costs. If the NHS Continuing Healthcare assessment finds they are not eligible, the individual may have to pay some or all of their social care costs. However, this depends upon their assets, savings and income.

At Just Caring Legal, we hear anecdotal evidence every day about how the assessment process is working – and not working – for people. But what do the statistics tell us? Sadly, not enough.

NHS England published its latest data this month, covering April to June 2017. It told us the total number of people receiving assessments for NHS Continuing Healthcare was 35,654. Of these, 14,668 were via the Standard NHS Continuing Healthcare assessment route and 20,986 via the Fast Track assessment route. Less than a third (31%) of standard assessments resulted in eligibility. Yet, most applicants would have undergone an initial screening process to assess their likelihood of success before a full assessment.

On the other hand, nearly all (99%) of those receiving Fast Track assessments were successful. Fast Track assessments are designed for those who require end of life care.

What the NHS England figures can’t tell us is why there are such huge variations nationwide in both the number of assessments and the proportion of applicants qualifying for NHS Continuing Healthcare funding.

How different local bodies are applying national guidelines.

The National Audit Office found that in 2015-16, the proportion of people referred for an assessment who were subsequently deemed eligible for NHS Continuing Healthcare funding ranged from 41% in some local Clinical Commissioning Groups, to 86% in others.

NHS England itself admits it cannot explain the variation in so-called “conversion rates”. There must be significant differences in the way local bodies are applying the national guidelines on NHS Continuing Healthcare assessments.

Where is the meaningful data that might help shed light on this?  It simply isn’t there. The independent Continuing Healthcare Alliance put it in a nutshell:

“At the moment…we know nothing about all of those who were unsuccessful. We don’t know how long they waited for an assessment, why they were unsuccessful, or if they appealed. Healthcare professionals have huge demands on their time, but it is essential that accurate information around NHS Continuing Healthcare is recorded so the system can be improved, and problematic areas can be tackled.”

We need to fill in these blanks so we can make sure the NHS Continuing Healthcare system works justly and efficiently for everyone. Their postcode should not be a factor.

We find that if our client’s seek our help earlier in the process, there is usually a greater chance of success in a shorter period of time. If you have queries about your family’s situation then contact us today.

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Will NHS England’s New Plan be Enough to End Delays to NHS CHC Assessments?

NHS England’s latest plan to improve delays to NHS Continuing Healthcare assessments – published on August 17th – appears to promote positive progress. In reality, it may be the biggest anti-climax of the summer since Venus Williams and Marin Cilic crashed out of Wimbledon in straight sets.

After the damning, forensic report on NHS CHC assessments by the Government’s own watchdog, the National Audit Office, in July, we expected NHS England to have far more to say about the confusion, delay and inconsistency that those waiting for NHS CHC assessments currently experience.

The NAO put into context what many of us involved in NHS CHC assessments already knew.

  • That many people are having to wait far longer than the stipulated 28 days for a decision on whether they are eligible for NHS CHC. In 2015-16 one-third of assessments took longer than that. This causes considerable stress and financial difficulty for patients and their families.
  • That CCGs, in general, are cutting approvals for CHC. They are down from 34 percent to less than 30 percent between 2011-12 and 2015-16 (despite an aging population).
  • That there is a huge variation in eligibility for NHS CHC between CCGs. Approvals range from 41% in some to 86% in others. These variations cannot only be down to local demographics or other factors. They must mean CCGs are interpreting the national framework on CHC assessments in different ways.

NHS England wants to reduce NHS CHC assessments in acute hospital settings

NHS England’s opinion is that delays in NHS CHC assessments are to blame for around a quarter of all NHS delayed discharges. Also known as, ‘bed blocking’ in the old jargon. Consequently, something must be done to reduce them.

As a result, CCGs are to submit a plan to reduce the number of NHS CHC assessments in an acute hospital setting to 15% by next March. Currently, in over 100 CCG areas it is 30%. Patients who are going on to rehabilitation services or who “do not have long-term care needs” should not have an NHS CHC assessment before discharge.

Furthermore, CCGs must ensure that at least 80% of cases with a positive NHS CHC checklist receive an eligibility decision within 28 days.

The 84 CCGs currently completing less than half of their NHS CHC decisions within that timeframe must submit to an audit “to understand the reasons for lengthy delays” before expecting any help or support.

There are a number of flaws with this plan.

First, it does not address the problems that currently make it impossible for many CCGs to meet the deadline. In our experience, these include holes in resources, disputes between the local authority on the differences between ‘social care needs’ and a ‘primary health need’, and the lack of staffing and training. Our own anecdotal evidence suggests that medical evidence is often incomplete. Misinformation is the norm and there is a lack of understanding of the eligibility criteria. Until this changes, it is unlikely many CCGs will be in a position to meet the NHS England targets.

Second, when patients are considered for discharge from hospital, the first question is supposed to be whether they have been considered for CHC eligibility if they have complex healthcare needs. This is intended to ensure any long term care needs are taken into account BEFORE making major decisions about their next port of call. Refusing to do an NHS CHC assessment before discharging someone because they do not appear to “have any long term care needs” is putting the cart before the horse. Surely, if a more robust and thorough assessment was carried out sooner, delays would be minimised. This should not be yet another block to accessing NHS Continuing Healthcare assessments whilst in hospital.

Third, that large numbers of assessments, most of them resulting in ineligibility, are causing delays in the system is not necessarily an argument for carrying out fewer assessments. It is about assessing whether an individual has a ‘primary health need’. Instead, NHS England should be asking why so few people are officially meeting the criteria, why the delays in decision making are so severe, and why there is so much variation between postcodes.

Faster assessments and greater accountability are welcome.

There are many who believe the answers to these questions have far less to do with inefficiency and time-wasting, and far more to do with a lack of resources and trained CCG assessors. Families with a relative in hospital with complex healthcare needs must always insist that clinicians carry out an NHS CHC Checklist. After all, the recent NHS England letter is for ‘guidance’ only and does not change the eligibility criteria.

Nevertheless, faster assessments and greater insight and accountability are welcome. Delays to NHS CHC assessments can cost families money, as well as cause huge stress. NHS England has said the audits on failing to meet NHS CHC deadlines must be complete by 11 September. Let’s hope NHS England itself is as speedy in formulating a plan at both local and national level. This must ensure sufficient resources for NHS CHC assessments, putting an end to the waiting game for so many families.

Do you think your relative requires an NHS CHC assessment? Have you faced delays in receiving an eligibility decision? Call us today to see if we can help.

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You’ve Passed the Checklist Stage for NHS Continuing Healthcare. What happens next?

You’ve Passed the Checklist Stage for NHS Continuing Healthcare. What happens next?

So, you’ve passed the checklist stage. Your relative is entitled to a full eligibility assessment for NHS Continuing Healthcare (NHS CHC). So, what now?

Every eligibility assessment for NHS CHC should involve a multidisciplinary team (MDT) of the main health and social care professionals involved in caring for your relative. Make no mistake. The MDT is the most vital part of the whole NHS CHC eligibility assessment process. It should be where all the evidence about your relative’s care needs is laid out and examined in detail.

However, the reality is often very different. The government’s National Audit Office says that in many cases, care needs are downplayed in the MDT meeting. This can be despite strong evidence. The report states that the views and judgements of certain professionals are ignored – or simply never requested. Assessments do not take into account all the relevant information, or are based on inaccurate information.

It is vital you are fully prepared for the MDT meeting. This is so you can maximise the chances of the decision going your way.

Our top tips for ensuring your relative gets the NHS CHC funding they are entitled to.

Get in the room.

The first rule of MDTs is to be in the room. Often, family members are not invited to the meeting, or invited at such short notice it is difficult to attend. But you have every right to be there, and to bring professional representation to maximise your chances of success. Insist on that right, and be ready to go at short notice, if required.

Do your homework. 

Ideally, all the people in an MDT meeting should have a thorough knowledge of your relative, any conditions, illnesses or disabilities they  have as well as the impact on their day-to-day life. This is often not the case. MDT assessments often don’t include professionals involved in the direct care of the individual or all the appropriate medical specialists. This can make it impossible to carry out a fair assessment.

You will need to be ready to fill in all the gaps. Get hold of a blank Decision Support Tool online and fill it in yourself, as fully as you can. Enlist the help of daily carers to include everything you think may be relevant. Concentrate on how their health condition affects the intensity, severity, complexity and unpredictability of their care needs. Then insist that everyone in the MDT meeting reads your document, or allows you to read from it. Additionally, where possible, get EVIDENCE in support of your views from the care records/medical records. Also, provide clear copies in support.

Consider professional representation.

There are several reasons why you may want to consider professional support at an MDT, and after the initial checklist stage. You may not have the time or inclination to get to grips fully with the hundreds of pages of National Framework on NHS Continuing Healthcare. This is the document all assessors are obliged to refer to in their decision-making. Yet, they often fail to follow.

You may also not have time to get fully into all the case law. This places legal limits on the duties of ICBs and local authorities when it comes to establishing a primary health need and funding care. Equally, you may not be familiar with all of the complex medical jargon that can get thrown around by experts during proceedings.

Without that knowledge at your fingertips, it can be hard to take MDT members to task. This is especially true, if they were to ignore, underplay or misinterpret vital evidence. Financial considerations are often the elephant in the room at these meetings. Yet, they shouldn’t be. Ensuring there is a sound clinical and practical basis for every assertion by every “expert” can be a daunting, difficult and long-winded process.

Fortunately, it is what we do day in, day out here at Just Caring Legal. It is our speciality, and our knowledge and expertise can help your family access the funding they are entitled to. Additionally, we offer the support and advocacy to help you through what is often an incredibly stressful time.

If you would like more information on how we can help you achieve the best possible outcome from an MDT decision meeting, contact us today for a free initial consultation.

By Rosalind Hughes, founder, Just Caring Legal

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