Do you have Legal Expenses in any insurance policy?
If so contact the company, explain the situation and get them involved. When my husband died, the insurers paid for £10,000 of investigations.
You should have been given a prospectus from the home. If they didn’t give you a contract, they still have legal obligations. I studied Business Law as part of my degree, but that was 30 years ago and I can’t remember the right words this morning!
@Jackie66 @bowlingbun it is an excellent idea to check with your insurers, as you will need specialist advice. I know enough law to identify the basics you need but not enough for the nuance of the care community.
Yes my problem is i run out of words sometimes and if i havnt got legal back up they could walk all over me.
Google Trading Standards Care Home Contracts and you will findlots of information that many homes are probably unaware of!
@Jackie66 they have a duty to talk in plain English, so take a deep breath and just get them to stop talking. You can be very polite about it but just say, can I stop you there and ask you to explain that to me again. Take notes too, ideally have someone with you.
Hi Ann
I have not written an email to the home yet though have done the cqc complaint and the assessment form saying how i felt about the assessment and that i would like them to contact me.
I am calling home insurers in morning do you suggest i wait and see if they can offer any advice before i send the email? This is all new for me i want to make my feelings clear about the situation and what i want them to do regarding their fees but my confidence isnt that good and i feel nervous how i will face them at the home once i have written it. Im not getting any support from our Daughter shes using her mental health to avoid assisting me and i feel let down but then again i shouldnt be too surprised shes done this before.
I will let you know the outcome of the home insurers when ivecalled them. Thankyou again for all your help x
Hi
I would email them straight away, you can say that you are seeking legal advice on the following issues. Head the email ‘without prejudice’.
That the home has breached its duty of care when your partner went in for respite care.
The failure to provide adequate food for his dietary needs is a clear failure to meet a basic level of care.
The failure to maintain his mobility has caused infections and a significant deterioration in his physical health.
As a direct consequence of these breaches he requires additional care, causing financial losses which are reasonably foreseeable as a direct consequence of breach.
Therefore you will not accept any additional costs consequent on their breach.
Something short and to the point, just to register your direction of thought.
Then I suggest you get his social worker to push the CHC assessment too, let me know how it goes
Hugs
Hi Ann, i sent the email to the Manager of the care home 3 days ago and there has been no reply. I dont know if shes going to ignore me or what. I will be receiving the invoice next few days from the local authority so im going to be in trouble after that if i dont pay. Sent 3 complaints online to the CQC at the same time. John was very tired yesterday i couldnt really get any words back, i fed hiim his tea and gave him drinks it was one of his bad days. Just hope i can keep my strength as ita such a difficult situation. I havnt threatened any legal action to the home as yet not sure i can afford to take that route anyway
Jackie
Actually, even if you don’t pay the council still has a duty to make sure assessed needs are met.
In extreme they could take you to court, but that’s very unlikely, and would take a long time anyhow. So don’t be panicked into doing anything.
Ok thanks for letting me know i did think they might also say you need to go but that wont be a bad thing as long as ive got bit of time. Im hoping the council would actually be on my side, do they see the CQC complaints do you know? Ive felt very tired as not sleeping much and havnt checked any other homes out yet as his care is part paid im wondering if social worker will still help with that now ive made a stand about the home and her showing me it
Jackie
I have just received an email asking me if i wish to make a formal complaint plus they are assisting the council regarding what i have written to them. I am going to say yes to the formal complaint and i want fees stopped, do you think i am asking too much. Im not very good in meetings so just hope i can deal with it alone my daughter is too unwell to help
From what you have described I would definitely ask for it to be treated as a formal complaint.
In the mean time I would ask for an absolute assurance that your husband will be fed properly and his weight monitored to ensure that his weight returns to a normal level. If he lost it all in 5 weeks, restored in 5 weeks, I’m not sure of the exact dates.
Suspending fees until a proper investigation is complete, and CQC are satisfied it is safe to leave him there, would be a good idea.
Hello
I have now said in an email i want a formal complaint and fees stopped. They told me again yesterday he is being weighed weekly and his weight is same but not gained any. I reminded about the vegan build up drinks fortusip, he says dementia nurse said no vegan ones i said there are ive seen online. So another delay the people visited him about changing to softer textured food, he was still coughing at times but they are due to recheck him very soon. The heat affects his asthma so cough might be that too. Ive never known anything like it, B12 injections suggested at meeting not followed through so im taking B12 Spray and vitamin D when i go. Its an age thing im certain but dont know what the point of the care home is if all im doing is chasing up things. At least at home i didnt have these problems though its tiring i still am considering him coming home. Just dont think theres room in our living room for everything. Thankyou for all your help
Are you aware of NHS Continuing Healthcare? FREE care either in residential care OR AT HOME!
There was a Panorama programme featuring a lady called Barbara Poynton or Pointon. She had a long battle but eventually won.
Hi, @Jackie66
If you get the invoice from the local authority then you need to tell them why you are not paying for the care.
Perhaps pre-empt this by sending them a copy of the message sent to the home.
I think you need to tell them that you think there is a breach of duty, so you have good reason not to pay. It is just not that you don’t want to.
Also I think you should push them for the CHC, it is all so much for you to do.
I think perhaps a call to Citizens Advice may be helpful too.
it is so hard for you, you are doing amazing just keeping on top of all this. Keep strong
I would suggest that you ask the
LA to arrange an advocate for you, to help you through the next few weeks.
Yes i learnt of it on here. At the assessment the social worker said he didnt meet the criteria i have asked her to relook at it, i also heard that you need to be settled in a care home to receive it
Unless the rules have changed, as a result of Covid, Social Services should not be talking about charges until an NHS checklist has been completed, and that should involve you. Ask her for a copy of the checklist assessment, I suspect there isn’t one!
Also, you do NOT “have to be settled in a care home” to receive it! Google Panorama Barbara Boynton or Bointon. May be Pointon or Poynton.
The home has emailed me today saying they did not know i had poa, for finances etc i HAVNT got one and have said it is a formal complaint. They have made errors i hope they arent going to be able to bluff their way out by using that against me. They also say i need to tell local authority im not paying which i will do, and i need to consolidate my complaints so they know so does that mean i have to tell them all i have told CQC please im out of my depth