NHS CONTINUING HEALTH CARE: MISTAKES MADE BY NHS BODIES AND LESSONS TO BE LEARNT FROM THE OMBUDSMAN’S REPORT

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NHS CONTINUING HEALTH CARE: MISTAKES MADE BY NHS BODIES AND LESSONS TO BE LEARNT FROM THE OMBUDSMAN’S REPORT

Securing and retaining NHS Continuing Healthcare awards for our clients is increasingly difficult: recent NHS England data indicates that less than 47,000 adults in England qualify for NHS CHC, a third of these under the Fast Track Pathway. If our clients are found eligible, they can find that the next battle is commissioning – what care and support the CCG will arrange and fund. This talk will look at what could or should be done differently for our clients in NHS CHC funding cases and will include:

• NHS CHC statistics and fake news
• The Ombudsman Report “Continuing Healthcare: getting it right first time” (3 November 2020)
• Mistakes and failings in the NHS CHC assessment process: how to spot them and how to put them right
• Mistakes and failings in relation to NHS CHC and Top Ups: how to put them right
• Inadequate care and support packages after a successful CHC eligibility decision: when and how to challenge
• Inter-agency disputes about eligibility: persuading Social Services to get off the fence after a negative eligibility decision
• Seeking permission to litigate in relation to NHS CHC appeals and commissioning disputes- the professional deputy team and Re:ACC

Cate Searle, Director and Head of Community Care Law – Martin Searle Solicitors