Hi All, Well I received this reply from the home. Not sure if all is what is said is correct but as stated before there is no legal requirement with this issue so I am not sure on how to proceed.
If I am honest I am tempted to just accept the offer and let the matter rest, especially as there isn't a legal requirement for the home to reimburse the £800 per month FNC. My only other option is to complain to the Local Government and Social Care Ombudsman but to be honest they have been pretty useless so far, in fact all the "bodies" with regard to social care haven't got a scooby on this issue. If I complain on something that isn't a legal requirement then a. you lose the offer outlined below b. you sever a decent relationship with the home and c. there is no guarantee that you would succeed anyway. In that case mum then pays the increased fees from April and still doesn't get the £800 per month refund.
If it had been a legal requirement then I would probably take it further, but as none of the governing bodies seem much help then there isn't anyone who would be able to take this on. I think my best bet is to just accept the offer and contact my MP asking them to look into making this a legal requirement in future or at the very least create some clear legislation on what the homes are meant to do.
I used to run a football league and the Football Association created a Standard Code of Rules which every single League in the country had to adhere to. Yes there were gaps where each League could add specific preferences but the general rules had to be adhered to by all. I am surprised this is not used with regard to care/nursing home contracts, a specific government regulated set of rules that all homes should adhere to, inclining black and white guidance on what happens with FNC payments. Then at least relatives would be able to find an answer with a click of a button rather than ringing around the houses looking for an answer that no-one seems to have.
If anyone thinks I should challenge the home on this reply I would be interested o hear from you.
Dear ***,
*** and *** have passed your email to me, so I wanted to take the opportunity to explain how the fees at ******** are calculated.
I appreciate that “Funding Nursing Care” or “FNC” payments can be confusing and I am revising the current Resident Contract to make it clearer in the future.
The existing contract for ********* does state the following :
Private Nursing fees are quoted gross excluding funded nursing care and are required to be paid gross by the resident. The funded nursing care element of the fee is paid to the care home from the Primary Care Trust (PCT).
It could be clearer as this payment is in addition to the standard weekly nursing fee and is not deducted, and therefore I apologise if this was not explained to you when ******* first arrived.
The NHS pays FNC direct to Nursing Homes to support residents with additional clinical needs if they become more dependent and require more nursing assistance.
In some cases the NHS will pay all of the fee if Continuing Health Care or CHC funding is approved, however as you know, this is difficult to achieve.
The NHS does recognise that in such cases FNC may be appropriate and decide that this can be paid.
At *********we do have residents who require Nursing Care but do not receive FNC or CHC.
When the NHS first agreed to provide FNC for some residents, the intention was that this was always passed on directly to Nursing Homes despite what the Local Government and Social Care Ombudsmen may say.
This said, I do appreciate that the contract could be clearer and therefore I am prepared to “freeze” the standard weekly fee of £****** for the next 12 months (from April 2023).
I am reviewing weekly fees at present and it is likely that they will increase by 10% from 01/04/23 for all other residents, so there will be a net saving of £****** per week.
I hope this is acceptable, however if you wish to discuss further in person, do let me know.
Kind regards