Continuing Health Care - Preparing to fight PCT's decision

monkeyspanner

Sorry to hear of your situation. I think from what you have described a full CHC assessment should be performed particularly as your mum's condition is likely to deteriorate. You could attempt to get this done by contacting the CHC section in your local PCT yourself. CHC funding is available in any setting so is probably the only financial solution which can provide some assistance, unless your mum moves to a care home.

It is likely you will have to go along with the house sale unless you can find an alternative financial solution. If you manage to get CHC funding you will need to make a retrospective claim.

However, you are obviously in a particularly stressful situation and you need to try to step back occasionally. As your mum's behaviour is unpredictable the next time she is particularly bad you could approach her GP and specialist with a view to getting a temporary mental health section. This however is not likely to be received well by your mum if she doesn't recognise her illness.

You are probably in for a long fight but in order to do this for your mum you will need to stress your own needs and ability to assist to her social worker and however hard place limits on what you can do.

redbanana_2

Does anyone know if you can state Article 8 of the human rights act to prevent a local authority from using a property to pay for care home fees?

human rights act article 8 - a person has a right to respect for his family life and his property (property being described as land, houses, shares, licences, leases, patents, money, a pension and certain types of welfare benefits). The act goes on to say that an authority must have a very good reason for taking away or placing restrictions on ones property, and if it is taken away you should be compensated for it.

2003wastheyear

Thanks for your replies! It is a real confort believe me.
- I met our MP and she has emailed some people-who have yet to reply to her.
-Just had another call this minute and said to mum that no I could not come round today- so that's a start.
-Family wise my aunt is supportive but is dealing with my gran (stroke) and my unwell uncle, and is a carer for her grandson, so she is pretty tied up.
My brothers live in a diff town and leave it all to me.

monkeyspanner

2003wastheyear wrote: »

Thanks for your replies! It is a real confort believe me.
- I met our MP and she has emailed some people-who have yet to reply to her.
-Just had another call this minute and said to mum that no I could not come round today- so that's a start.
-Family wise my aunt is supportive but is dealing with my gran (stroke) and my unwell uncle, and is a carer for her grandson, so she is pretty tied up.
My brothers live in a diff town and leave it all to me.

Doesn't surprise me that your brothers don't help, but they could. We managed all my MIL's finances at a distance. From past experience it would more than likely be pointless trying to get unwilling relatives involved irrespective of where they live. Relatives tend to stick to their usual roles and unfortunately you have been designated as the sole carer.

I hope your MP comes through for you.

newsgirl

redbanana wrote: »

Does anyone know if you can state Article 8 of the human rights act to prevent a local authority from using a property to pay for care home fees?

human rights act article 8 - a person has a right to respect for his family life and his property (property being described as land, houses, shares, licences, leases, patents, money, a pension and certain types of welfare benefits). The act goes on to say that an authority must have a very good reason for taking away or placing restrictions on ones property, and if it is taken away you should be compensated for it.

I think if it was that easy thousands of people and their solicitors would already have used this argument. To test it out through the courts would cost a lot of money.

Katykat

OP - you are correct in a way, it is a breach of human rights. However you would have to instigate legal procedings to claim this and this would more than swallow the value of the house. In fact, in (I believe) every claim for CHC that has made it to court has been found in favour of the claimant and in most cases has also resulted in a change of policy. The problem lies in the fact that before taking it to court, you have to go through the whole rigmarole of the appeal process, which the NHS deliberately use delaying tactics. Also, even local court procedings cost money. Most people cant afford it by the time it becomes pertinent.

malid

I am attending a CHC assessment with family friend this afternoon - long story which I will post at some point. Can anyone tell me if Oramorph is a controlled drug please? And/or can it be administered in a purely residential care home (i.e. not a home with nursing facility)?

Many thanks

Racoulter200752

Oramorph is not a controlled drug. It is not given as an injection but as a medicine by mouth. It is used for severe pain.

dollopg

I'm currently assisting a family friend with her finances as she has spent the last 18 months in care homes as she has MS. She entered a nursing home in August 2010 but they did not carry out a Continueing Healthcare checklist on her until December 2011. She has now been awarded the funding but the CHC finance team are refusing to back date the payments. Obviously it is not her fault that the checklist was not carried out and she has paid out a significant amount of money that she shouldn't have. Would it be the ombudsman we should contact about having this payment backdated?

Thanks

monkeyspanner

dollopg wrote: »

I'm currently assisting a family friend with her finances as she has spent the last 18 months in care homes as she has MS. She entered a nursing home in August 2010 but they did not carry out a Continueing Healthcare checklist on her until December 2011. She has now been awarded the funding but the CHC finance team are refusing to back date the payments. Obviously it is not her fault that the checklist was not carried out and she has paid out a significant amount of money that she shouldn't have. Would it be the ombudsman we should contact about having this payment backdated?

Thanks

Assuming your friend is in England. She can appeal the decision and ask for the case to be refered to an IRP (independant review panel) this is arranged by the PCT (primary care trust) but is made up of people not employed by the PCT. In my MIL's case the IRP was made up of 3 panel members, a lay chair, a senior nurse assessor from another PCT, and a retired social worker.

If this process is unsuccessful she can ask that the SHA (Strategic Health Authority) review the case. The SHA will look at the process only not the medical facts so if an initial checklist was not performed the PCT (or delegated authority e.g. discharge team at a hospital) would not have followed proceedure. I am uncertain what powers the SHA have to insist the PCT take action.

I am not sure when the ombudsman could be involved but presumeably it should be after the review process has been exhausted.

Hope this helps.