It is absolutely frustrating that families should still finance the NH fees, during the appeal, the cost of NH takes lots of money from family's budget, so maybe they expect people won't be able to finance the appeal and lawyer costs.
But the families don't have to fund nursing home fees unless they choose to do so by way of 3rd party top ups. The financial assessment is carried out on the person who is in the home, not their families. If the individual doesn't have enough assets/income to fund the fees themselves the local authority will pay (providing it is agreed that the person needs to be in a nursing home). The choice of home is likely to be limited but there is no obligation on families to pay any care fees themselves. It costs nothing to submit an appeal and you don't need to instruct a lawyer. There was a thread here recently from someone who had paid £15,000 to a 'specialist' company to take forward an appeal and they still didn't win.
The appeal process can take months (even years), with no guarantee of success, and in the meantime the home needs to be paid. If you are successful at appeal the funding will be backdated. Nhs funding stops at the point it is no longer deemed to be necessary, not at the point when all avenues to appeal have been exhausted.
Additional suggestion if NHS CHC is refused …
Especially if there are errors in the DST document which you eventually receive ...
Submit an appeal, however, I think you should also submit a separate formal complaint to the CCG or Hospital Trust that prepared the DST document. Look very carefully through the whole document; check everything! The formal complaint must be dealt with - probably while you are still waiting for the actual appeal to proceed. And remember, not only will the appeal probably take many months, if you eventually end up forwarding your complaint to the Ombudsman - it may take a year!
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My suggestion above is as a result of an appalling situation I faced in 2018 which concerned a DST Document - full of errors - so I think it is essential at the initial Local Review Meeting, the appellant should comment on the content of the DST document. The appellant can lodge a formal complaint if there are errors, inaccuracies, or the need to clarify things in the document. A complaint may be submitted later and not at this time.
This will help avoid the absolutely appalling situation that I faced, - especially in cases where an appeal (for a particular reason) does not go ahead or gets closed.
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And remember the Alzh. Society's Booklet is very useful.
Also Beacon provides excellent guidance.
++++Thanks @LocalResident that all sounds very similar to my experience. A DST early this year, 3 months to receive official letter of non-eligibility, appeal letter now sent and invited to a pre-appeal meeting at which I can ask questions about the DST (but that also feels like just another delay in the already painful process!). The DST report is poorly written, contains many errors and most importantly omissions (records not properly accessed or referenced).
There is also useful info on the Care to be Different website for anyone going through similar.
Good luck to anyone out there going through similar.
Feeling pretty frustrated right now. My dad's having a review for his CHC funding, the nurse from the NHS and the social worker have said he has 'No needs' for behaviour, down from 'Priority'. I'm feeling pretty hopeless right now.
Thanks @LocalResident. An interesting point re the pre appeal meeting and recording. I attended with a friend who was going to record the meeting. At the start of the meeting we were asked if we could be recorded, which we agreed to. However we were denied the right to do so, apparently we would have needed prior permission. I'm going to start a thread now to ask for people's views on this. The pre-appeal meeting was a farce. The person who called the meeting didn't attend. I had a long list of questions, none of which were adequately addressed, lots of waffle and bamboozling and when challenged on certain inconsistencies I was downright lied to! So, appeal here we come!! I'll keep you posted.++++
Beacon - also provide good advice.
Try and be very prepared for your Local Review Meeting (pre-appeal).
You should remember to take notes, and you could have a mini recorder /Dictaphone switched on just put in your top pocket!
Be extremely forensic when you go through the report; correct errors, sort out inaccuracies, and where extra clarity is required 'demand' it. And of course list each and every omission.
One thing you might be also able to highlight is: check the accuracy of the attendance list - for the DST meeting.
I can not comment on how long your appeal will take.
The separate complaint - if it goes to the ombudsman it might take a year.
Be tenacious and good luck.
Georgina63,I'm double checking that he's still eligible for funding after he was detained under section 3 of the MHA act a couple of years ago.
I recorded the DST meeting on my phone. I didn't mention i,t just had it in my bag on record. Good job I did as the scores were downgraded when I received the official DST results. I knew I was right as the results were recorded as the official (forgot his title) read them out at the meeting.Thanks @LocalResident. An interesting point re the pre appeal meeting and recording. I attended with a friend who was going to record the meeting. At the start of the meeting we were asked if we could be recorded, which we agreed to. However we were denied the right to do so, apparently we would have needed prior permission. I'm going to start a thread now to ask for people's views on this. The pre-appeal meeting was a farce. The person who called the meeting didn't attend. I had a long list of questions, none of which were adequately addressed, lots of waffle and bamboozling and when challenged on certain inconsistencies I was downright lied to! So, appeal here we come!! I'll keep you posted.
Thank you, I will take that on board. When I originally contacted Beacon, they suggested they couldn't help as the funding body would be Wales, however the DST has been completed by England, so I should be able to do that.Georgina63,
Hi, Please remember the appeal process may take many months. From what you've said I reckon you should submit a carefully constructed complaint. Make it absolutely clear that it is separate to the appeal. Focus on the unsatisfactory meeting. You could try and request written answers to the questions. This complaint probably should NOT be sent to the NHS CHC office or CCG in your specific area, but to the NHS Trust that is responsible for that CCG.
Good luck, and remember to talk to Beacon.
Use your free 90 minutes worth of advice carefully.
Well done @padmag, though that is absolutely shocking!I recorded the DST meeting on my phone. I didn't mention i,t just had it in my bag on record. Good job I did as the scores were downgraded when I received the official DST results. I knew I was right as the results were recorded as the official (forgot his title) read them out at the meeting.
I'm double checking that he's still eligible for funding after he was detained under section 3 of the MHA act a couple of years ago.
Someone posted a thread here earlier this year about how they ended up paying £15,000 to a company to deal with their CHC appeal and did not win. I think the problem is that the CHC assessment criteria is open to interpretation so winning an appeal is not easy: https://forum.alzheimers.org.uk/thr...ng-but-angst-and-reduced-bank-balance.114177/
I wondered if anyone had any experience of paying a company to handle the appeal of a CHC assessment? I've seen a lot of people referencing the Care to be Different website and the company behind it Farley Dwek have told us that they think they have a good chance of winning an appeal on our behalf. We have tried two other companies - one of which said the same and the other said they didn't think we had a chance of winning. I'm a bit confused as to why we have such different opinions and am worried that Farley Dwek are just saying they can win so they can get the initial fee (£1500) - you can then choose for them to take a percentage or pay a fixed fee which I think is around £2000. I was the one present at the actual assessment with my mum and I feel like I made such a mess of it, that I don't feel confident to handle the appeal. I have three siblings but two of them don't know much about mum's care regime and the other one has her own health concerns. Has anyone paid a company to do the appeal and did you think it was worth it?