Any decision about whether your care will be funded by the NHS is ratified by a panel who rely on the information supplied in the completed assessment, called the Decision Support Tool (DST). This DST includes detailed personal information about your care needs and the Assessor’s rationale and recommendation about why you should, or shouldn’t receive the funding. Given that the guidance governing continuing healthcare assessments says that the process should be ‘person centred’ and the individual kept ‘fully informed’, we are concerned to see many CCG’s now writing that the completed DST is ‘available on request’.
This approach is contrary to the guidance, and in our view another way of placing you on the outside, rather than at the centre, of the process.
Consent!
We are also concerned about letters sent out recently, by some Clinical Commissioning Groups, advising people that they should apply to the Court of Protection to be appointed a Health and Welfare Deputy if they want to appeal a CHC decision on behalf of a loved one who does not have the mental capacity to appeal for themselves. This is not the case, and defeats the purpose of being able to make a ‘best interest’ decision under the Mental Capacity Act 2005. If this is an issue you are concerned about, please contact a member of the team for assistance.
If you have a query regarding assessments or information about paying for care, call Debbie Anderson, Head of our Health and Community Care Team on 01926 491181 or email debbiea@moore-tibbits.co.uk