Withdrawal of NHS Continuing Healthcare

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  • elsien
    elsien Posts: 32,756 Forumite
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    You may find that the care home don't want you looking at dad's notes, quoting confidentiality. I'm not sure what the legal position is on that unless you have power of attorney. If he had capacity he would be able to look at his own records so it's probably worth raising with the care home manager and stating that you believe that it is in his best interests for you to look at relevant records in order to effectively challenge the decision. (Relevant may be just over the last couple of months, for example.) 
    It's not an issue I have because I have the legal right to look at records as part of my job. 

    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • noclaf
    noclaf Posts: 892 Forumite
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    Ok understandable that there might be some sensitivity, will speak with them and see how it goes from there
  • Keep_pedalling
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    noclaf said:
    Ok understandable that there might be some sensitivity, will speak with them and see how it goes from there
    Everything is so much more difficult without POA, but you should try and get as much info as they will allow. I only had financial LPA with my mother, but I never had any issues with discussing health issues with her care staff or medical staff. I did used to sit in with her GP visits before she went into care however, so that must have been recorded on her medical notes.
  • badmemory
    badmemory Posts: 7,794 Forumite
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    Does he actually need to be in a nursing home any longer & would a ordinary care home be sufficient?
  • noclaf
    noclaf Posts: 892 Forumite
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    badmemory said:
    Does he actually need to be in a nursing home any longer & would a ordinary care home be sufficient?
    Good question and it's something I was thinking about as one possible route...the current nursing home is good given the service provided for dad and I believe he needs "nursing care" specifically due to his current health but need to confirm this too.

    I've spoken with a few different legal/specialist firms who assist with CHC/CHC appeals, the potential fees that could add up are eye watering esp if a appeal is turned down and then I wish to still take it further. So need to think about this carefully..I will try my level best to analyse the data available such as NHS guidelines, carer notes at the nursing home, and other cases.in relation to his review but my concern is if I don't effectively identify all the potential gaps, go it alone with an appeal and then fail due to it not being watertight but it's a risk I may need to take and maybe I mount an appeal and if not successful then bring in the big guns e.g:  specialist law firms etc
  • noclaf
    noclaf Posts: 892 Forumite
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    Just as an update to close this out, it appears I jumped the gun completely due to lack of information. So that's my fault but to summarise, my father never had CHC funding ever..so nothing was taken away as such. He was simply referred for an assessment of eligibility.
    Thanks all for your input however as it's been v helpful to understand the minefield in terms of funding and maybe helpful for others.
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