Continuing Health Care - Preparing to fight PCT's decision

atoneswitsend

It is nearly 2 months since my last posting during which time the PCT have been dragging their heels despite my promptings. My last contact was 6 weeks ago when they advised "District Nurse has completed the HNA. The HNA is going to be faxed over to us today/tomorrow. Once we receive this documentation it will be matched to the file and be put forward for a full assessment (actioned in date order of receiving the referral). You will be contact in due cause when we have an available date and time."
So why have I not chased this up I hear you ask. Well due to the deterioration of my SILs health I have been investigating the use of the Fast Track protocol. It is agreed by her consultant that we are in a palliative mode and the appropriate forms and prognosis have been sent to the PCT.
My understanding is that now they have to accept responsibilty for CHC...................unless you know otherwise?
I hope that this battle has been won although I am not sure what I have acheived for my SIL. She is in her own home being looked after by a live in carer. The DN comes every day, including weekends, and her GP 2 or 3 times a week. The intention is that she stays in her own home as this is her personal wish.
Maybe someone can advise me further now that we have reached this stage.
Many thanks

margaretclare

Hello, if your SIL needs the attention of a District Nurse on a daily basis then I would have thought there is no argument that what she needs is 'nursing' rather than 'care'.

atoneswitsend

Thank you Margaretclare. This what I have been arguing the past 4 months.
My SILs health is now such that a DNR is in place and her consultant backs us in his prognosis. Whay happens next is unknown to me.

beaujolais-nouveau

smilelols wrote: »

please if anyone is going for CHC please, please, please get social services involved - even if the person is self funding!! Social services do have a vested interest in making sure that people are properly assessed for CHC

Not in my experience.

Enquirer_2

It is not ILLEGAL for doctors etc to lie or falsify documents. This man has been fighting for almost 21 yrs for justice after the death of his 10yr old son. The law needs to be changed.

There are plenty of us out here who have been lied to,
bullied ,threatened and destroyed by the NHS. (PCT's included)

Please, please take just 5 minutes to read Robbies Story and sign the petition for Robbies Law . This is the start of an end to corruption.

I would be very grateful if you could spread the word.

I cant post links to petition as am new user but please just Google Robbies Law. and go to AvMA site.
Thankyou

Errata

Enquirer wrote: »

It is not ILLEGAL for doctors etc to lie or falsify documents. This man has been fighting for almost 21 yrs for justice after the death of his 10yr old son. The law needs to be changed.

There are plenty of us out here who have been lied to,
bullied ,threatened and destroyed by the NHS. (PCT's included)

Please, please take just 5 minutes to read Robbies Story and sign the petition for Robbies Law . This is the start of an end to corruption.

I would be very grateful if you could spread the word.

I cant post links to petition as am new user but please just Google Robbies Law. and go to AvMA site.
Thankyou

I think this information would attract more interest on the Families and Relationships board where it may be more relevant as it has nothing to do with CHC.

Enquirer_2

Thankyou for redirecting me.
However this has everything to do with chc. Our family have had to fight PCT decisions almost daily for two years after the NHS left our mother severely brain damaged, paralysed and on life support. She is at home with us.
We have been lied to constantly, threatened (when we make too much fuss) with hospitalisation (this is where the damage was done !!!) and bullied. They are now trying to withdraw her qualified nursing care to cut costs , despite the ceo earning £150k + .

Their complaints procedure is a joke (check out nhscomplaintsexposed) and the reason I posted here was that I thought there may be other people who have been through this and want to fight for their families and stop the dishonesty. I was wrong. I am sorry . I wont take up any more of your time.

Errata

Sorry - my post reflected the fact that you wanted to draw people's attention to the petition about Robbies Law.

Bakewell54

Hi, I note that Smilelols states that she/he will not be returning but I would like to pick up on 2 things posted please. Firstly, I agree that some SS workers feel/are made to feel ignorant of the CHC procedure and their part in patient representation. For our part, the SS lady freely admitted that she had received no training and did not know what procedure an MDT should follow. ! She was used imo as a 'stool-pigeon' by the Discharge Liaison Lead. (I used the past tense because atm my mother has no SW.) In fact, I would go as far as to say that the SW was bullied by the DL lead. (Who certainly tried to bully/intimidate me.) This is anecdotal as DL have no interaction with us now.

Secondly,

Also, just as a general point, all PCT's should operate a policy where family members should attend the panel if they disagree with the PCT decision not to fund under continuing health care. They should also have published a clear escalation process if there are disagreements.

I wish Smilelols had clarified this. My PCT actively does not invite family rep to the PCT IRP,
when I asked about this on 2 occasions, I was told "Normally we wait for people to ASK to attend."
We've had 2 refusals by the PCT. The first meeting I didn't attend as I thought I couldn't.
The second IRP I arrived 10 minutes early and was greeted by that female ploy
"Oh, hello. What can I do for you?"
When I said that I had arrived for the IRP she, the manager, said that they had been and gone.
She then had to admit that I had the time right and they were wrong. The Independent Chair returned to talk to me for 30 mins. This was the only time I have cried during the 2yr 6 month fight.

The SHA IRP I attended with legal rep who possibly wasn't going to be allowed to speak.....but was.
Guess what ...the PCT sent no representation.
It's hard to believe isn't it?

We fight on atm

tubsmacker

It's a while since I looked or posted on here but my fight for CHC continues unabated.

I think that if you are currently paying for care in a Nursing Home or similar, then the NHS and SS are going to make it very difficult for you to get restitution. The NHS have a policy of denial up to the court door and I believe the SS are usually complicit. If this is you then you need to take what ever steps you can to expedite the appeals process. My belief is that if you take the NHS straight to court they will cave in and award you the CHC that you are entitled to. However I believe that the NHS are then likely to assert that you failed to allow the progression of their internal appeals procedure and apply for costs against you (£250,000 as a guide) This has happened before.

So, an early court assault may not be a good idea. As long as you are paying the NHS will drag their heels.

Apparently some people have been successful in getting their cases to the Ombudsman early so that is worth investigating.

I have not yet paid a round coin to either a Nursing Home or a solicitor as my relative is still in Hospital care albeit, comfortably so. The NHS are not to be trusted. They will play dirty tell lies and bully where they can.

My belief is that the Coughlan test and for Social services, the 1948 National assistance act Section 21 test, are all I need to focus on. How can anyone who cant communicate properly, feed themselves reliably or finish a sentence or get about possibly have healthcare needs that fall below these low thresholds regardless of the criteria that the NHS apply? To qualify under DST criteria you need to be almost domiciled in a jar and even then they would say that your condition was stable and no longer unpredictable etc.

All the crap that the DST assessment process throws up is simply a distraction from a patients lawful right to funded care as depicted in the 1946 Health act which still applies. Only a Judge is going to get money out of me.

The moral here is don't give up and don't focus too heavily on fluff that will simply waste your time and worse, stress you out.

Good luck guys