We can provide support when a dispute arises around your care and support, whether that service is being provided by the local authority or an NHS body.
Care and support provided by the local authority is principally governed by the Care Act 2014. This Act sets out the duties and responsibilities of the local authority to undertake an assessment of you, a family member or friend and the care you should be provided if you are deemed to be eligible for care and support after an assessment has been completed.
In the event that you disagree with a decision made by the local authority in relation to the care and support you should receive and how that should be funded, we can assist you in trying to resolve that dispute. We regularly advise our clients on the following matters:
- Failure to carry out a community care assessment (also known as a needs assessment)
- Challenging the outcome of a community care assessment
- Failure by the local authority to provide services following a community care assessment
- Disputes about care home placements
- Disputes about arranging and paying for your care including care home fees, top ups, deferred payment agreements, personal budgets and direct payments
- Withdrawal or change of community care services by the local authority
Our team of specialist Solicitors have a wealth of experience to support you in ensuring that you or your family receive the level of care and support you are entitled to.
If you have significant health needs, you may be eligible for funding to meet your healthcare needs from the NHS. This is known as continuing healthcare “CHC”.
Disputes can arise about the level of funding you should receive from the NHS to meet your care needs.
We have a specialist team to assist you negotiate your way through the assessments and dispute process regarding CHC. We have a specialist nurse in our team that can attend appointments with you and your family when CHC assessments are due to take place.
In the event that you have been refused CHC, our team can advise you on the merits of an appeal as well as lodging a challenge with the relevant Integrated Care Board (“ICB”). We also provide representation at the panels in which the appeals are heard.
Along side appealing a decision for CHC, we can liaise with the local authority to ensure that you are provided with care and support until the outcome of your appeal is known.