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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My mother who is 96 was awarded £108.70 per week for Nursing

Customer Question

My mother who is 96 was awarded £108.70 per week for Nursing Care when she was discharged from hospital in August 2011. It was also agreed that she would receive retrospective payments from September 2011. Despite numerous letters to the CHC Team of the NHS, who have authorised payment, the retrospective payment has to go to a higher authority who have not, or will not, reply to my numerous letters. To date she has received none of these payments.
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

may I ask if you have yet made any formal form of complaint in respect of the delays please? I note you say you have sent letters but I am not clear as to whether any of these letters have been in the form of a formal letter of complaint?

JACUSTOMER-uprvtca7- :

Yes I have made a complaint, their excuse is that 'it is in the system'!!!

Joshua :

Thanks. Have they given you a formal response to your complain - i.e. as above?

Joshua :

Would you like to continue?

JACUSTOMER-uprvtca7- :

No! The only response was that she has been awarded the Nursing Care element

JACUSTOMER-uprvtca7- :

I need someone i.e. my local MP or in this case a lawyer to ask why this government allows elderly people like my mother to wait over 2 years for an agreed allowance. What I should do is take her out of the Nursing Home and take her back to A&E as she needs 24 hour nursing care, then the NHS can pick up the tab. Banging ones head against a NHS brick wall is a very apt comment at the moment. Question: For the £33 I've paid you all I require is for you to advise me on a further course of action thats all.

Joshua :

My sincere apologies for the delay in responding to you. I regret I was not available over the weekend and I was on a course all of yesterday. I am available all day today save for two short meetings at 9.30 and 4pm.

Joshua :

I believe from what you say that your mother has been awarded monies for nursing care but is yet to receive payment. Your mother may be entitled to nursing care and or NHS continuing care if she can show that her care needs are in part or principally medical.

Joshua :

In the event of any dispute about the amount she has been awarded (which I do not believe is the case from what you say - but rather it is a question of her not being paid what she has been awarded) you can ask for an assessment for continuing health care or if already assessed a reassessment. If she is denied an assessment you can ask the PCT to reconsider its decision and carry out a full assessment. If you include extra information as part of your request, the PCT should take this into account.The PCT should give you a written reply as soon as possible. If you’re still not satisfied, you will need to use the NHS complaints procedure:

Joshua :

http://www.nhs.uk/choiceintheNHS/Rightsandpledges/complaints/Pages/AboutNHScomplaints.aspx

Joshua :

If she has had a full assessment for NHS continuing health care or nursing care, and you’re not happy with the decision or the way the decision was made, the first stage is to use the local dispute resolution procedure. The PCT will tell you how to do this.

Joshua :

If the issue isn’t resolved by local review, or if a local review would cause unreasonable delays, the next step is an independent review. This means that an independent panel will consider the case and decide whether the PCT has acted correctly.

Joshua :

You should be given an opportunity to contribute to the review, and to see all the evidence that is taken into account. You may find it useful to get support from his own medical practitioners that have particular expertise in the health problems of your mother. At this stage, you should be offered the support of an advocate if you need one to help you through the process.

Joshua :

If as I believe may be the case you are satisfied with the outcome of the assessment but simply the issue of non payment is your concern, the initial step if you have not already done so is to write a formal letter of complaint. If you are not satisfied with their response you can ask for your case to be looked at by the Parliamentary and Health Service Ombudsman.

Joshua :

http://www.ombudsman.org.uk/

Joshua :

They can look at their conduct and if appropriate make an order in respect of payment and timescale in which that payment can be made. The service is free of charge.

Joshua :

Is there anything above I can clarify for you?

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