Help with CHC funding

Hi there

The SS/LA forced elderly dad into a NH straight from a hospital stay, despite saying he was NOT happy about it - but they did it anyway. I kept on asking them for a CHC funding, especially after my dad fell and sustained a brain contusion after a fall in the hospital. It was SS that put him in the hospital as well, citing fall risk. If he had remained at home, he would NOT have sustained the brain injury.

Dad lost mental capacity, when he was bullied into the NH. He also has Parkinson’s and a heart condition, which onto his age, they’re not going to operate (late 80’s) The SW went straight onto bullying me as LPA for bank statements, and threatened with police if I didn’t hand over accounts and assets, so I did.

They carried out a financial assessment on him, even though I was denied a meeting with a LA financial department SW person. I am his daughter, and have LPA, and lived with him full-time. He had 7 care package visits, per day. As dad had savings, he’s being charged £11.000 a month, which I pay with his savings as LPA, but his savings will run out this year, by Xmas at a guess. How do I go about applying for CHC? LA/SS have just barked at me, saying he won’t get it, anyway, so it’s pointless applying. I disagree.

I am at my wits end with SS nastiness and bullying tactics. They RELUCTANTLY had to disregard dad’s private home/villa, as I have lived there for the past 30 years (I’m 54) and in poor health myself, getting DLA/ESA-support group. Have had part of my bowel removed, and awaiting more invasive surgery this year. I also have severe nerve damage, and pernicious anaemia. However, that said, I believe LA/SS are trying to force me out of the house, so they can sell it, and take the money for care-home fees also. Dad told me to stay put, and sell it when he’s passed away, as NH fees have all but drained his bank accounts. I can’t afford a lawyer to help me, and SW said, they’ll get the police on me, if I pay for a lawyer with dads account, even if it’s for him, or on his behalf.

This has caused my mental health to deteriorate, and I was put on antidepressants. They don’t help the depression, and feeling of helplessness at the situation. I have no-one to fight in my corner for dad, and the family stay hundreds of miles away. I also have no siblings.

Have they put any of their threats in writing?

The rules used to say that there had to be a negative CHC checklist assessment done before the LA were involved. Ask the CUK helpline what the rules now say. Don’t wait until dad’s money runs out, stop paying when you reach about £30,000 and tell the home why. Is he getting Funded Nursing Care and DLA?

No, none of the threats were recorded, or witnessed. The thing is, they turned up at the door with no prior arrangement, either by email, phone or letter, to ask when it would be suitable for them to visit me.

One night, it was after 5pm, when they turned up at the door! They informed me that they can visit my home whenever they wanted, and did not need an appointment to visit!

They brought up police quite often, and informed me that as LPA, I can ONLY use it to pay NH fees and NOTHING else, then added that I have to fund everything else that dad needs out of my own money!

When I mentioned that they can’t drain dad’s bank accounts completely, citing that a certain amount had to be left (ours is approx £23.000) they just looked at each other, and the silence was awkward, but deafening at the same time. They never answered me, and were quick to move on.

Pardon my ignorance, but I don’t know what CHC & CUK means, as they never involved me, or explained anything to me, they were just in a hurry to get dad’s bank accounts like starving, rabid dogs.

I had been really sick, since the night before when the vultures swooped down on me again telling me I MUST get to the bank A-SAP with my LPA papers, or LA will get access to dad’s accounts. Then added, that they
can do that legally, anyway! They all but said, my LPA is pretty useless. I’d had enough by this time, and told them if they turned up at my door without prior arrangement, I’d have THEM done for trespass and harassment. That worked.

There are RGN’s working in the NH, both night and daytime shifts. I know dad never had DLA, but I am unsure about funded nursing care. I’m sorry I can’t help with that, as SW’s on the case, have all been horrible to me.

They gave me this huge booklet, and told me to fill it in. It wasn’t until today, that I looked at it again, and there on the front, in large lettering, saying FINANCIAL ASSESSMENT. My deadline to hand it back to them, is nearly passed, but I am not signing anything without help. I thought SW wanted just a signature from me, that’s what she told me, as I kept her on the cold doorstep.

Thanks everyone for your support & replies.

As we are both awake, here is a big hug from me. Their behaviour is truly some of the worst I’ve heard of! I’ll be back with advice later.

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CHC is Continuing Health Care (CUK is just our abbreviation for Carers UK).

Some people with long-term complex health needs qualify for free social care arranged and funded solely by the NHS. This is known as NHS continuing healthcare.

Funded nursing care: -

NHS-funded nursing care is when the NHS pays for the nursing care component of nursing home fees. The NHS pays a flat rate directly to the care home towards the cost of this nursing care.

As you have a LPA I’m pretty sure that the local authority cannot just walk in and take over Dad’s finances - you say you can’t afford a solicitor but most solicitors will give 30 minutes of advice free of charge so it might be worth your while contacting one ?

That is not correct - the LPA gives you, as “Attorney” the authority to manage Dad’s money as he would want it spent on his behalf.
for example:

  • managing a bank or building society account
  • paying bills
  • collecting benefits or a pension
  • selling his home

Read the NHS Continuing Healthcare Framework first. Especially the section on assessments.
Then tell the people giving you all this garbage that they must communicate by email in future.
Make a Subject Access Request to the council, via their website. Ask for copies of everything they hold on file about dad, and you, from the date all this started. They must do this within a month.
Then try to find a solicitor to deal with this on your behalf, it must be someone specialising in Community Care Law.
As you have POA, you can properly use dad’s money on anything concerning dad’s well being, and that means on solicitors fees.
Even when there is a dispute about fees, the council have a duty to ensure dad is looked after, and that includes paying fees, and then reclaiming them later if necessary.
Summary details of all this can be found if you Google Charging for Care, and look at the .gov pages.
Full details can be found in the 2014 Care Act Regulations.
I printed off my own copy a long time ago then highlighted important sections. I’m not sure if that is still possible.
As a general rule, never trust a social worker who tells you anything about money, or law.
I once reclaimed £8,000 from Hampshire after they overcharged mum, after a difficult meeting in Winchester when the head of department thought she could lie and bully me into submission.
I have a rather unusual work and life history, including a Business degree. Without raising my voice, I got what I wanted, but only after she kept talking over me when I said anything. After asking her not to, to no avail, I just said OK, if you won’t listen to me I might as well go. Then I stood up and started to put my coat on and leave,
She was so shocked that anyone would do this!
Then decided she needed to have a proper conversation and listen to the facts.
The law says what we are entitled to, and social SERVICES are supposed to provide that service, not bully and lie to us!