Failures in hospital discharge process and Continuing Care assessment

Failures in hospital discharge process and Continuing Care assessment

Share your story about Continuing Care

Richard wrote to us to help spread the word about Continuing Care, and to encourage other families to take up the challenge to get proper assessments done.

He told us about his battle to get his mother properly assessed.

His story highlights how important it is to be well-informed about Continuing Care, to challenge any statement that you ‘won’t qualify’ – and to challenge any negative funding decisions.

He writes…

“My mother went into hospital with septic arthritis from a care home. Prior to this she was diagnosed with Vascular Dementia last October after being admitted into hospital with UTI and severe chest infection. We were not informed of this, and it was by chance that me being nosy and wanting to know things, that I was reading my mum’s medical file that had been carelessly (thankfully) left at my mum’s bedside.

“Earlier this year, mum got steadily worse with the dementia and recurrent UTI’s. As stated above, she went into hospital with this septic arthritis, she was in the hospital for eight weeks, and every week we were given a threatening letter by the Ward Manager and Social Services. They wanted rid of mum. Anyway, we were informed that mum would be assessed for Continuing Care (CHC) but that it was unlikely that she would qualify as 99% of those assessed do not.

“The assessment went ahead, but documents were removed from the Ward by the CHC Team without informing anybody. When they were challenged by me (legal training coming into play) and threatened with legal action, the documents suddenly appeared. However, mum’s scoring was as far as I am concerned deliberately set low so that she would not get the CHC funding that we considered she was entitled to. Needless to say, she did not “meet the criteria”.

“I challenged the decision, pointing out that the National Guidelines had not been followed, and that the Coughlan case and others had not been followed. One of the CHC Team did not even know what the Coughlan case was all about until I pointed out what the Judge actually said and what the National Guidelines said, which implemented some of the issues raised in the Coughlan case.

“Lo and behold, the Team Leader for CHC made an official complaint against me saying that I was rude, offensive and that my father had assaulted her – an extremely serious allegation to make against my father. I challenged this person as well as her boss right up the tree of CHC and said fine, take it to court. They backed off very rapidly, now my mum is to be reassessed and the CHC Lead is going to chair the panel meeting.

“I still believe that my mum like thousands of others has been wrongly denied Continuing Healthcare funding. I also firmly believe that, as they know that I will not back down and that I will fight them all the way to the High Court if necessary, we will get the full Continuing Healthcare funding for my mum, and rightly so.

“My message to all those family members whose loved ones have been denied Continuing Healthcare is to fight them all the way, make your views known to those concerned, and get armed with all the relevant documentation and read and digest what the Guidelines say and what the law says. All the information is available on the internet.”

If you’ve had similar experiences – or you’ve had a good result with Continuing Healthcare – add your comment below.

18 Comments

  1. Sue 1 month ago

    With a view to the new proposal in the Conservative manifesto… If a person receives care at home as my husband does, they are saying that £100,000 will be protected from care costs. If lets say we have a home jointly owned, would that mean that if our home is worth £200,000 then £100,000 would be protected as my husbands share of the estate and £100,000 protected as my half of the estate? My concern is if one of us were to pass away, what position would that leave the surviving spouse. Will the surviving spouse be able to live out their remaining years in the family home whithout having to worry that the council are going to make large financial demands.

    • Author
      Angela Sherman 1 month ago

      Sue – many thanks for your comment. In advance of the General Election, there are various proposals being put forward by all parties. However, until the actual outcome of the election is known, the actual full detail (and small print) of any potential changes to care funding are not completely clear. Once the election result is known, however, we’ll cover this in more detail. You’re correct, though, that the Conservatives, should they win, seem intent on making things worse for families.

  2. Phil Brattan 2 months ago

    Hi, At last thanks to this wonderful very informative website I have found answers to my father in laws ongoing health problem. He’s an 87 widower living in his own home , with what we think is early dementia or alzheimers, its never been diagnosed, he has severe walking difficulty and also been falling several times a week over the last few months, once breaking his wrist. We have had carers going in three times a day, but once they left at 9pm he was still vulnerable till the following morning. Two weeks ago at 7.30am we got a call from his lifeline saying that he had fallen again, we found him lying on the floor in a pool of urine as he had been there all night and not been able to get up. We could not lift him so an ambulance was called to take him to hospital and from that point he went rapidly down hill. He fell twice again and after a week he was discharged into temporary respite for two weeks which we would have to pay a top up. Once in the care home he fell again breaking his hip. He is now back in hospital but in a totally confused, hallucinatory and sometimes violent state, it was that bad we had to call in a psychiatrist and also now cannot walk at all without the aid of three nurses. The hospital have deemed him fit enough to be discharged, I don’t know how, and Social services have stepped in to find him somewhere to go. My wife has intervened saying this impossible as he needs a proper Continuing Healthcare assessment, the hospital agreed but they said it cannot be done there and he would have to be discharged into a proper facility first before the CHC can be done. I’m very suspicious of there intentions and are treading very carefully before we agree to this. Sorry for the long post but I’m so pleased this website is here for people to state their situations. Thanks

    • Author
      Angela Sherman 2 months ago

      Thanks for your very kind words about the website, Phil. I’m glad it’s helpful.

  3. sue 5 months ago

    Is it possible to start a petition on line , to get the the Houses of parliament to look into this abuse by the health system , surely if they are not sticking to the Laws , Regs and NHS Framework , laid down by courts, and not following the Nurses Code of Conduct they are all acting illegally . ?

  4. Vivien Wright 9 months ago

    My mother fell and broke her hip in October 2015. I was also advised she had had a ‘cardiac event’ She was hospitalised. She was subsequently diagnosed with Alzheimer’s and mixed dementia. Some concerns were raised about my father’s capacity whilst he was observed at the hospital. A meeting was eventually arranged with a social worker appointed for my mother. My father insisted he wanted her home and he would pay. They initially said he had to have 4 visits from care workers per day. They expressed reservations to me as to whether he would co-operate. He did, but throughout I have repeatedly pointed out that I did not think he appreciated how much it was costing. My mother was discharged and on the first night he told me he was tidying up, saw a tube sticking out and thought it looked messy and cut it. I transpired it was the catheter tube and as luck would have it no damage was caused. He was then advised he had to have an overnight carer and two visits. I thought this was odd as I thought he may potentially have more difficulty during the day. All this for the sum of around £5000 per month. I was told by the social worker that the care agency would have reviews to see if the care was appropriate. Almost since inception there have been problems with payments as my father has not had a proper grasp on things. When I speak to him on the phone he still says he has more money coming in which I am sure is incorrect. Whenever he gets in trouble the care agency, a social worker (now appointed for him) plus her boss go to their home and always have trouble explaining to him. On one occasion the agency served notice on him as he owed £9000. When I tried to sort it out, another payment had become due and ‘we have found a couple of invoices from before Christmas) and within a week it had increased to £1300. I was told the care would stop if he didn’t pay. I am not sure how that would pan out as the care was imposed on him in the first place. That was eventually sorted out. In August I asked if any reviews had been carried out so one was arranged. Shortly after that I was contacted to be told he owed £16000 (they only ever contact me about money) I thought that been sorted. Just over a week ago they said he owed £11000 and yet again three of them went round there and he told them to stop the care and yet again they contacted me. I asked over a week ago for a statement of what he has been charged and what has been paid, but no information has been received as yet. I have chased it today. As I have said above they contact me when there is trouble over money. I have a POA for my father obtained before, but the bank account Is in joint names and my mother does not have capacity and the Office of Public Guardian say I cannot operate it. I hope this all makes sense. Do you think I should make a formal complaint to the Agency and if as I suspect I get nowhere who do I complain to next

    • Author
      Angela Sherman 9 months ago

      Vivien – the first issue to address is NHS Continuing Healthcare. Your mother should have been assessed for this before she was discharged from hospital: http://caretobedifferent.co.uk/paying-for-care-between-hospital-discharge-and-funding-decision/. Secondly, if it’s not safe for your father to be looking after her, this may need to be raised as a matter of urgency with the health and social care authorities. I’m assuming your mother does not have the mental capacity to make a decision about where she wants to be. If the care agency is failing to manage its affairs properly, make a complaint not only to the agency but also to the local authority, especially if they recommended them, or put the agency in place.

  5. Rachel Salfarlie 1 year ago

    My mother went into a care home a year ago after 2 months in hospital. A family meeting was called to assess where my mum should go from leaving hospital. It was agreed by all that she should go into a home. She requires nursing care which is paid by the NHS and care home fees are paid by my mums pension, my dads pension and local council. My sister was asked to pay top up fees and asked me to go half. I agreed to this at the time even though I was a full time mother without income except my husbands. The cost of raising 2 children and everyday living was putting a strain on our resources. My husband and I sought to get advice regarding this situation. It has emerged the whole process was not done correctly. I have since informed the council I can no longer make these payments. They have sent me 2 final notices threatening court action. Phones calls telling me I need to give them a name and address of another third party. I have been unwilling to do this as I don’t think it’s my responsibility to make someone pay. Does anyone have any advice please. Thank you

    • Author
      Angela Sherman 1 year ago

      I’m sure many people reading this will empathise with your situation, Rachel. A few points: You mentioned that your mother receives NHS funding for her nursing care but not for the costs of accommodation. Has she actually been assessed for NHS Continuing Healthcare? If not, that needs to be done immediately. Regarding top ups, the following article will help. Be sure to click through to the Independent Age reports: http://caretobedifferent.co.uk/care-home-top-up-fees/ Although I don’t know your case, I wouldn’t be surprised if the threats to take you to court are hollow. And even if you did go that route, if there have been failing in the assessment process, you would probably win. You have the Care Act on your side, and if there has been no lawful appraisal of whether your mother’s care is beyond the local authority’s legal remit, then not only is the local authority acting illegally, but the NHS is attempting to extract personal assets from you fraudulently. This may help: http://caretobedifferent.co.uk/care-act-2014-helps-you-with-nhs-continuing-healthcare/ Be sure to read the comments from Bernie Crean underneath.

  6. Toni 1 year ago

    I have 2 dear friends and their Mother is 99yrs of age, she went in to hospital after a fall, had a UTI, she has been in since New Years Day. The Occupational Therapist had a hospital bed and a hoist delivered to her home and said she could be discharged with 4 lots of Carers a day and her only son to do the night care as he has always done. The Social Services state he is not qualified as she needs Nursing Care, the son, employed two trained Nurses to come and work for when his Mother was released and the Social Services said… not good enough, she needs 24 hour continuing care which is for free right? but no, they say they are going to force! the lady in to a Nursing Home against her wishes and the son has to have a debt attached to a business that his Mother has her name on but no interest in and never has. Yes, the Lady has Alzheimers but she is aware of what is happening and is petrified. The 2 friends argued about this and now, the SS are bringing in the Police and Security services to a meeting next week to decide how best to force a 99 year old bedridden lady in to a home against her will and prevent the son from trying to stop it, they did say they would do it by force if necessary. The Solicitor they have is trying to defend the debt issue but is unable to stop these barbaric SS from basically grabbing a granny, what can you suggest they do?

    • Author
      Angela Sherman 1 year ago

      Toni – the mother should have been assessed for NHS Continuing Healthcare funding prior to being discharged from hospital. Also, no one should be asking about her money or telling her what she’ll have to pay until the NHS Continuing Healthcare assessment process has been carried out properly. This will help: http://caretobedifferent.co.uk/paying-for-care-between-hospital-discharge-and-funding-decision/ This is a fundamental principle of the Care Act. Tell Social Services that they are breaking the law if they fail to abide by their legal duty in this respect.

  7. Yvonne 2 years ago

    I wish all luck. This should not be a fight – it’s something that’s deserved. When will the government get on board this.

  8. Some tips for those about to attend a CHC assessment.

    1. Take somebody with you purely to take notes.( in particular to take note of names of all those present).

    2. Don’t sign anything unless you are absolutely certain what it is you are signing.

    3. If not already provided to you – insist on a copy of the “local protocol” as outlined in Appendix G of the National Framework.

    4. Tell the assessors up-front that you understand that they are NOT allowed to ask any questions relating to finance or property.

    5. Make sure that the “multi-disciplinary team” includes health professionals that have been directly involved in the patient’s care (NOT just the CHC assessors) and a comprehensive health needs assessment has been prepared before the CHC assessment meeting.

    6. If the applicant for CHC is still in hospital, at all times avoid questions relating to where the patient will be cared for in future.
    (N.B. It shouldn’t make any difference according to the National Framework, but it does affect the cost and can prejudice the outcome of the assessment or even the patients future care.)

    7. Don’t be drawn into discussions about what care you provide as a friend/relative in particular medication
    ( we were outrageously referred to ‘Safeguarding Adults’ on spurious grounds of ‘self-medication’ because we had the audacity to make a complaint against the CHC team).

    8. Make sure all the DST “Domains” are addressed and don’t be taken-in by any rubbish about “double-scoring”.

    9. Don’t underestimate the the levels to which some assessors will descend – many thousands of patients with “Primary Health” needs have been defrauded of hundreds of thousands of pounds already.

    10. Make sure that the assessors know that you are aware of their legal obligations as regards to the Standing Rules & Regulations (ideally give them a copy)

    • Angela 3 years ago

      Thanks Martin.

  9. Angela 4 years ago

    Thanks so much for your feedback Richard. That’s kind of you. So glad the book has been helpful. Wishing you well with the outcome of the assessment – and if you need further help, do let us know.

  10. Richard Lines 4 years ago

    I have just joined battle with NHS and Social Services to obtain Continuing Care for my mother. The ‘How to get the NHS to pay for Care’ book has been brilliant support in preparing the case. Mother has now had the Checklist Assessment, and the Full Assessment, and I await the recommendations with baited breath. This may be a long hard road, but this is a case which I am determined to win. Wish me luck!, and good luck with your cases when you start to fight them.

Leave a reply

Your email address will not be published. Required fields are marked *

*

2100 characters max. All comments are moderated in line with our Acceptable Use Policy and our Terms of Website Use.