Logo

Specialising in NHS Continuing Healthcare Funding

Call us now on 0191 556 1078 or email us at [email protected]

  • Home
  • Services
    • NHS Continuing Healthcare Funding & Refunds of Care Fees
    • Care home fee recovery (“third party top up” fees)
    • Information on Lasting Powers of Attorney (LPAs) and Wills
    • Your Secure Documents
    • Our charges and complaints policy
  • Blog
    • Factsheets
    • Useful Links
  • News
  • About
  • Testimonials
  • Contact Us

Are hospitals washing their hands of NHS Continuing Healthcare assessments?

July 8, 2021 By rosalind8967453

Rosalind Hughes Solicitor

By Rosalind Hughes, founder, Just Caring Legal

This week we have been talking to a family whose relative is ready for hospital discharge but has significant ongoing care needs. The hospital has point blank refused to do an NHS Continuing Healthcare assessment, citing “Government guidelines”.  Can the hospital do this, even though the lady clearly has ongoing care needs that may indicate a primary health need? What exactly are these new rules around NHS Continuing Healthcare assessments and hospital discharge? Are hospitals washing their hands of NHS Continuing Healthcare assessments?

The short answer is yes. Hospitals are washing their hands of NHS Continuing Healthcare assessments

It has long been a goal of NHS England to reduce the number of care eligibility assessments going on in hospitals. Now it appears it has used the pandemic to rid hospitals once and for all of this responsibility. In so doing, it has solved many of its historic bed-blocking problems in one fell swoop.

The document in question is the Hospital Discharge Service: Policy and Operating Model which snuck in late in August 2020 under cover of Covid-19. It states that eligibility funding assessments for care and health needs should no longer take place in acute hospital settings.

Under this model, the NHS funds the cost of post-discharge care for up to six weeks after leaving hospital. People being discharged to a care home for the first time will receive a place via Capacity Tracker. This is the bed-finding system used to speed up discharges into care in the Covid era. The care home place should be free to the individual for those six weeks.

The Clinical Commissioning Group (which administers NHS CHC) must carry out any CHC assessments during this period. And to focus their minds, the discharge support funding will stop after the end of the sixth week. If the CCG has not reached its eligibility decision in this time frame, the new policy says they should carry on paying for care until they do.

The first step in an NHS eligibility assessment is usually a checklist. This is a screening tool that indicates if a full Multi-Disciplinary Team assessment is necessary. The worry is that given the new deadlines, CCGs are limiting the number of CHC assessments they have to carry out by denying a checklist is necessary.

Our advice: insist on your right to an NHS eligibility assessment

Where it is clear your relative has significant ongoing care needs that require residential or nursing care, they must receive at least a checklist assessment. This is set out in NHS Regulations known as the Standing Rules. Section 21 (2) of the Standing Rules says the relevant NHS body (in this case the CCG) “must take reasonable steps to ensure that an assessment of eligibility for NHS Continuing Healthcare is carried out in respect of a person for which that body has responsibility, in all cases where it appears to that body there may be a need for such care.” According to the National Framework for NHS Continuing Healthcare, which CCGs must by law have regard to, this will normally apply in all cases where an individual requires a care home placement and has significant support needs.

Our second piece of essential advice

Don’t agree to a financial assessment until the CCG has carried out an NHS CHC assessment.

Whether someone may be eligible after hospital for NHS CHC depends on the nature, intensity, complexity and unpredictability of their care needs. If they are beyond what the local authority would be expected to provide, the NHS should meet these needs in full. And this includes their accommodation if necessary. This is, like all NHS care, free at the point of use. That means no means tests, no caps, no top-ups. The local authority should not ask to see your accounts until it has been established whether you are eligible for this.

If you need help during this turbulent time, give us a call

Going into long-term care following acute illness is a huge life event. It can be a devastatingly difficult and emotional time for the person and their whole family. Now add to this the urgency, pressure and lack of choice that these new discharge rules introduce. It is a recipe for complete meltdown! So if you are struggling to cope, that is no surprise at all. If you feel your rights are being side-lined, why not give us a call or email us? We will listen with compassion and care, and give you our best assessment of your case. This initial call is free. Then, we can give you as much support and advice as you need to ensure your relative gets the care they deserve.

Filed Under: Blog

Contact Us

  • 0191 556 1078
  • 0191 556 1000 (reception)
  • 0191 556 1001
  • [email protected]
  • St Peter’s Gate, Charles Street, Sunderland, SR6 0AN

Email Us Your Query

* indicates required field
IMPORTANT NOTICE: The information you provide will be only used by us to administer your enquiry and any response. Use of this form does not create a solicitor-client relationship and the information you provide will be in line with our privacy policy. If you are a client, please get in touch with your usual firm contact directly for the most timely response.

Just Caring Legal

Let us help you recover your care home costs.

Get back what is rightfully yours!

Call us now on 0191 556 1078

 

Our Services

  • Recovery of NHS CHC Funding
  • Recovery of Third Party Top Up Fees
  • Wills
  • Lasting Power of Attorney (LPA)

Newsletter Signup

Click here to subscribe to our free monthly newsletter giving you regular updates on care funding and other issues that may affect you

Contact Us

  • 0191 556 1078
  • 0191 556 1000 (reception)
  • 0191 556 1001
  • [email protected]
  • St Peter’s Gate, Charles Street, Sunderland, SR6 0AN
  • Facebook
  • Twitter

Privacy Policy | Copyright © 2022 Just Caring Legal · Data protection registered · Authorised and regulated by the Solicitors Regulation Authority of England and Wales with SRA ID 627348
Terms and Conditions
Website hosting by Lift Legal Marketing · Login

This site tracks visits anonymously using cookies. Close this dialogue to confirm you are happy with that or find out more in the Privacy Policy. Agree and close
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled

Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.

Non-necessary

Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.

SAVE & ACCEPT