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

Is it harder to get an NHS Continuing Healthcare case to the independent review panel stage these days?

August 17, 2021 By rosalind8967453

Rosalind Hughes Solicitor

By Rosalind Hughes, founder, Just Caring Legal

What is an independent review panel?

NHS England is required to establish arrangements to independently review the decisions of Clinical Commissioning Groups (CCGs) on NHS Continuing Healthcare funding. Anyone has the right to request an independent review panel (IRP) once they have exhausted local CCG dispute resolution procedures.

Does the NHS have to agree to an independent review panel?

The independent review process is co-ordinated by NHS Continuing Healthcare teams in each of NHS England’s regions. Before agreeing to an independent review, NHS England will decide if the CCG has “taken all appropriate steps” to resolve the case informally. Then the Chair of the particular panel will decide whether a full IRP will proceed.

The National Framework for NHS Continuing Healthcare is the set of rules that governs all NHS CHC processes. It says NHS England does have the right to decide not to convene an independent review panel in any individual case. It says “it is expected that” this will only be where the individual falls well outside the eligibility criteria, as set out in the standing rules. Alternatively, it may be where the case is “very clearly not appropriate” for the independent review panel to consider.

Why is it getting harder to get to an independent review panel?

There is precious little detail on what this part of the National Framework actually means in practice. Consequently, there is a high degree of latitude for NHS England to shut cases down before they get to the IRP stage. And the temptation is great, with the NHS facing a massive backlog of NHS Continuing Healthcare applications and appeals, as well as huge budgetary constraints.

We have recently heard of NHS England refusing cases for independent review on the flimsiest of grounds. For example, one recently refused to grant a review because the family had failed to reply to one of the CCG’s letters. This was in the dim and distant past and had been superseded by a whole slew of more recent correspondence.

What can we learn from this?

Where NHS England decides not to convene an independent review panel, the individual, their family or carer should receive a “clear written explanation of the basis” for this. They should also get a reminder of their rights under the NHS complaints procedure.

But the most important takeaway here is to make sure that in your local dispute with the CCG, you dot all the i’s and cross all the t’s. Reply to letters, meet deadlines, check timeframes. Bear in mind that any failure to do so might cost you dear further down the line.

We are all too aware that the NHS CHC appeals procedure is a time-consuming and complex process. If you feel unable to deal with it alone, why not give us a call? We can take the pressure off by guiding you through all the necessary hoops. And we can ensure that any unfair decisions are robustly challenged. Have you met a brick wall in your NHS CHC journey you can’t seem to get over? Then call or email us today for a free initial assessment. We may just be able to give you the boost you need to clear it.

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.

  • Facebook
  • Twitter

Our Services

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

Contact Us

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

Privacy Policy | Copyright © 2023 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