Appeal panel tomorrow...

Cornishman

Registered User
May 27, 2013
384
0
...and a quick request for advice please:

Apart from predicating a large part of our appeal on the fact there was woeful lack of due process on reaching my mum's CHC withdrawal decision, we also have a wealth of CH and GP evidence to demonstrate why the DST is outdated or plain wrong.

My mother already has one "Severe" on cognition", but they downgraded Behaviour from the previous Severe (because she's bed-bound and not wandering about etc), hence the loss of funding.

But that leads onto mobility. The DST "evidence" waffles on about mobility and how she needs hoisting, sometimes into a wheelchair. But that was 18 months ago - yes - they're still using that "evidence".

The reality now is that since late 2012, as confirmed by the CH, my mother is TOTALLY immobile. I phoned the CH yesterday, and they said in an emergency, they wouldn't attempt evacuation in a wheelchair because of her contractures and her immobility, and would use a skid pad to literally drag her to safety.

The DST definition of Severe is total immobility - and yet they maintain she is only "High Needs" - thus making her ineligible for CHC.

Can anyone suggest please why my mother cannot be scored "Severe"?

A lot might depend on this - I realise it's in the CCG's interests to say she is not "Severe" in this domain, but if they follow the DST definition, I don't see how they have any room for manoeuvre.

Many thanks
 

nitram

Registered User
Apr 6, 2011
30,252
0
Bury
"...in an emergency, they wouldn't attempt evacuation in a wheelchair because of her contractures and her immobility, and would use a skid pad to literally drag her to safety...
...Can anyone suggest please why my mother cannot be scored "Severe"?..."


I can't see any way they can wriggle out of the DST requirement for 'severe'

Completely immobile and/or clinical condition such that, in either case, on movement or transfer there is a high risk of serious physical harm and where the positioning is critical.

As Beckyjan said if unsure they have to go for the highest.

Good luck - although luck should not come into it.
 
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Cornishman

Registered User
May 27, 2013
384
0
Hi Nitram

Thanks for your message.

Would you believe not so many weeks ago I had a telephone discussion with one of the CCG CHC team who was saying that the DST extract you've posted didn't say "and/or" but "and"???

I said I had the document in front of me - a totally inane conversation, but illustrates their mindset - if it doesn't suit, just make something up!

If this was in front of a judge, the hearing would last about 30 seconds.

Unfortunately, at this stage, the CCG are judge and jury.

Many thanks
 

Egeon

Registered User
Oct 12, 2012
98
0
...and a quick request for advice please:

Apart from predicating a large part of our appeal on the fact there was woeful lack of due process on reaching my mum's CHC withdrawal decision, we also have a wealth of CH and GP evidence to demonstrate why the DST is outdated or plain wrong.

My mother already has one "Severe" on cognition", but they downgraded Behaviour from the previous Severe (because she's bed-bound and not wandering about etc), hence the loss of funding.

But that leads onto mobility. The DST "evidence" waffles on about mobility and how she needs hoisting, sometimes into a wheelchair. But that was 18 months ago - yes - they're still using that "evidence".

The reality now is that since late 2012, as confirmed by the CH, my mother is TOTALLY immobile. I phoned the CH yesterday, and they said in an emergency, they wouldn't attempt evacuation in a wheelchair because of her contractures and her immobility, and would use a skid pad to literally drag her to safety.

The DST definition of Severe is total immobility - and yet they maintain she is only "High Needs" - thus making her ineligible for CHC.

Can anyone suggest please why my mother cannot be scored "Severe"?

A lot might depend on this - I realise it's in the CCG's interests to say she is not "Severe" in this domain, but if they follow the DST definition, I don't see how they have any room for manoeuvre.

Many thanks
They won't be interested in the DST process being outdated or wrong.
Give as much evidence for 'needs' that you can
 

Egeon

Registered User
Oct 12, 2012
98
0
https://www.gov.uk/government/uploa..._NHS_CHC_Responsibilities_Directions_2013.pdf

"In complying with its duties under this direction, a social services authority must have due regard to the need to promote and secure the continuity of appropriate services for persons who-"

"(b) have been in receipt of NHS Continuing Healthcare but are determined to be no longer eligible for NHS CHC"

Also have a look at some of the other parts of the linked doc
 
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Cornishman

Registered User
May 27, 2013
384
0
Interesting thanks.

We've just had a 5 month period after withdrawal of CHC funding without hearing from a soul.

Lo and behold - one week before tomorrow's appeal panel, FNC has suddenly been granted. Oh - and when I asked the CCG why the family hadn't been informed, the letter had been "lost in the post" - the only letter not sent "Signed For" in the last 2 years! And the one to the CH got lost in the post too.

And quite what assessment this FNC award is based on is anyone's guess - either an assessment done behind the family's back, or they're still using evidence from the last CHC assessment in err...August 2012.

I think they've got some answering to do tomorrow.
 

Brodie

Registered User
Nov 23, 2013
94
0
middlesex
I am sure you know this but the framework also states that :-

"Needs should not be marginalised because they are successfully managed. Well-managed needs are still needs."

my father got down-graded on a number of areas because of this - including the mobility area/behaviour and Drug therapies. (he is immobile also). he is belted into his wheelchair so the physical risk of harm is reduced as he can't fall out! despite the fact it take 3 -4 people to hoist him from bed to chair etc.

I will be using this above comment alot as back-up in my fathers re-assessment.


all the best.