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Withdrawal of NHS Continuing Healthcare
edited 15 February at 11:13PM in Marriage, Relationships & Families
36 replies 2.1K views
**Long post warning** just an FYI for anyone who is kindly willing to read the whole post!
My father lives in a nursing home (since 2012) and has been in receipt of NHS Continuing Healthcare (CHC) (since he has lived at the nursing home to my knowledge). He was recently referred for an assessment of eligibility for CHC and the CCG has determined he is not eligible for CHC but will receive NHS Funded Nursing Care (FNC). A 'Decision Support Tool' was used by the CCG to make the decision. I did not attend the assessment due to work commitments.
Prior to being moved to the nursing home he was in residential care, the care home was shut down and the LA moved him to this nursing home, at the time they mentioned his care fees might need to be topped up but then confirmed it's all covered even though I wasn't aware how this was being funded. I now understand that CHC and possibly other funding (tbc) were used. My father has a long history of severe mental illness, was previously detained on multiple occasions under the s 3 MHA 1983 and as was confirmed in writing to me by the LA's legal team around 5 years back he was entitled to free after care services as this was an enforceable duty imposed by 117 MHA 1983 untill such a time that authorities are satisfied that he no longer needs these services. It seems that time has now arrived.
My father is bed bound, in his 80's and requires assistance with feeding, admin of medications and is deemed as not having any capacity at present.He needs 24 hr care with nursing based on his assessment (and I've seen that for myself based on his condition etc)
I do not have any oversight over my father's finances or any poa or deputyship etc I've never previously got involved with this side of his care etc
Here are the things that spring to mind for next steps, if I've missed anything please let me know:
1. Do I need to consider getting a deputyship for my father? I'm going through this with my mother and it's a long process but given his lack of caapcity doubt there are any other options. The LA have been acting as an 'apointee' for my father.
2. If the nursing care home fees have a shortfall as a result of the CHC withdrawal then will his pension or assets be considered? If a top-up is needed how will this be taken from his pension or assets, would I need to step in with a deputyship and administer? What if he is joint owner for a house (50/50) and the other joint owner still lives there? ( My mother and I live in the house, I am also a carer for my mother who has dementia).
- I don't know if other benefits are being received for my father or he might be elligible such as disability allowance but will check with the LA on this. Wondering if other benefits that my father is elligible for could also help to make up the potential shortfall in funding( if this is the case).
- What grounds would there be to appeal against the CCG decision? They have deemed he no longer has a primary care need but how can I verify their have followed the process to come to the decision correctly
- finally do I need to consider taking legal advice on any of the points raised above? I have no legal authority or oversight over my father, to have to undertake it while also dealing with the challenges of being a carer for my mother will not be easy so I'd rather not have to go through the hassle if possible but at same.time want to do the best by my father.
I have ideas about what I think I may need to do next but posting on here as hoping others who have knowledge or been through similar might be able to suggest how best to approach this all and if anything I have missed etc my father is frail and in his 80's and for this to happen now is quite stressful but trying to take a step back and deal with this as logically and pragmatically as possible so welcome any useful feedback or advice. Thanks