So sorry to read this news. I’m not sure what I would do. Have your legal people given advice on whether to continue the fight?
CHC: Finally after 18 months of legal quibbling...
- Thread starter Palerider
- Start date
Difficult decision.
Would the argument be based mainly on failed procedure/process or clinical judgement of accepted evidence?
Which decision would cause you the most stress?
Their view is this: the local ICB clearly have a vested interest in a negative decision from a funding perspective.
I think both, they have not applied the DST in the way it is meant to be applied and although accepting the points in argument over each of the domains this has been down played in their conclusions. I also felt the panel was limited in professional capability as there was no input from nursing, only physiotherapy and a social worker -I don't see how these can satisfactorily review primary health care needs which fundamentally are nursing/medical.
Not taking this further would stress me more I think, having visited mum today I've thought about how she would tackle this and I know she would dig her heels in -so I'm thinking lets do it, plus removing it from area to national removes local CHC directives and local bias.
I think this is the view of mums legal team as they have clearly stated this in their response to me
I am replying to this at the very start of dementia patients to give you a heads up . I know it’s relating to government funding but I wanted to let you know (just in case this affects someone else) I am deputy for an ex relative’s with dementia who is self funded nearly five years.Hip operation and no nhs physio followed because “she cannot follow instruction due to dementia” discharged from hospital non weight bearing and still isn’t to date. 10 months no ss follow up and that’s because a self funded person the ss are delighted to absolve themselves of responsibility . Self funding for physio , hair washing because carers are unable to do it. I fear for when the time comes when all her monies are gone where will she be in the whole scheme of things. There will be no one to help especially if I die. Sorry to be despondent but be prepared for those of you who may be in this situation. No amount of phone calls emails seem to work with this ss.
I think think this is a safeguarding issue and I would have no qualms in reporting the SS to safeguarding on the basis of what you have implied.
I've come to a decision -I'm going to go ahead in taking mums case to NHS England. I've read through the 30+page response with the outcome and it really does ignore the facts even though they have accepted the evidence and changed the original ratings.
It is shocking that we have to jump through hoops to get funding. I wish you luck with this and admire and respect your resilience.
Thanks
There is no guarantee that these assessors weren't also on the original assessment panel some 18 months ago -we aren't informed of this and there is no way of knowing.
I'm on a day off and have originally been trying to get to this thread but have been distracted elsewhere -but some interesting posts and arguments to be fair. Anyway I'm taking my time in deciding if I go with the same advocacy team or part ways with them and find another team. This next stage is a big step and I just didn't feel 100% with the last experience and having to answer things they ought to have put forward.
If anyone is wondering the time limit is 6 months from receipt of the outcome.
If anyone is wondering the time limit is 6 months from receipt of the outcome.
Hi, I had to make a similar decision a few years ago. I knew it would be an uphill slog and that I might not get anywhere. Ultimately I did go ahead and for two reasons. Firstly I had LPOA for my dad, and when I signed up for that I agreed that I would be making decisions based on what my dad would have wanted, even if it went against my own thoughts and feelings. My dad would have been furious if he knew how he was viewed by the local authority! So at every step, especially when it became emotionally, mentally or intellectually challenging, I kept my dad at the forefront of my mind, this wasn’t about me it was about him. Every day with dementia was a battle for him, my own battle was nothing in comparison.
Secondly, if no one challenges the system then the system will never change.
I won my appeal, with no outside help, I left school at 16 and don’t have any fancy qualifications or anything.
So I am meeting with the new team on Monday for an hour to see where we go and how to proceed -here we go again 
Wishing you good luck.So I am meeting with the new team on Monday for an hour to see where we go and how to proceed -here we go again
Well after a discussion and costings I am at another crossroads, but I have decided to go back to the original team not on the basis of cost, but on repetition of work already done. So today I have formally instructed to move forward and signed my life away again🤞
Just thought I'd post this which is the current viewpoint on mums domains. Unfortunately I don't have the first DST which is the one where she was granted CHC funding and I need to ensure this is obtained because clearly there was downgrading when mum had in fact progressed. This is the review DST (on the left) where funding was withdrawn and then the appeal panel review (middle) and then our view (right). I can't post any of the comments because it is an ongoing legal document.
. I believe that what helped win my own appeal wasn’t focusing on the individual scores on the DST, but how the different domains interacted with each other. A domain might have scored moderate but combined with another moderate and then a high it showed complex needs. The individual scores were a matter of opinion and I’d already argued during the assessment that I felt they’d been recorded too low, I knew that wasn’t going to get me anywhere because they’d already decided (I would have bet my house that actually they’d already made their decision before they’d even walked through the door) and they weren’t going to back down.
I’m happy to explain the method I used if it’s any help?
I’m happy to explain the method I used if it’s any help?
Hi @Herdy
Thanks for the tips and offer of support
At the last ICB panel we did raise the same points as you have: 'how the different domains interacted with each other. A domain might have scored moderate but combined with another moderate and then a high it showed complex needs'
But this fell on deaf ears no doubt an experience of many going through this process. I would say the decision had already been made and there is no transparency in the entire process as the meeting continues as a closed meeting where they reach their decision -I am not sure how this can be truly representative but they get away with it.
That's why we are taking it to NHS England so that its out of local areas hands
As we're approaching an appeal for mum I'd definitely be interested in learning anything which may help.
