Our Care Home Solicitors have been working with clients across England and Wales for many years.
Our clients approach us for all sorts of reasons, from trying to reclaim care home fees to appealing against a decision.
For that reason, we treat everyone as an individual, offering a bespoke, tailored legal service that reflects everyone’s unique needs.
We also aim to make the process as stress-free as possible. So we won’t send clients lengthy questionnaires to complete. Instead, you can speak with a specialist Care Home Solicitor to discuss the case.
We provide a free, initial consultation and we’re always upfront about our fees, so you know in advance how much you’ll be expected to pay.
For free legal advice get in touch with our Care Home Solicitors.
More Information on Care Home Fees
Our Care Home Solicitors can provide assistance in areas such as:
- Reclaiming care home fees that might have been wrongly paid.
- Helping you or your relative decide whether you or they can apply for NHS Continuing Healthcare Funding and helping you to apply.
- Reviewing your care home and/or GP records, or those of your relative, to establish whether there’s any merit in making an application.
- Reviewing assessments that have already been completed and letting you know whether you can appeal the decision.
- Assisting with appeals to the Clinical Commissioning Group or the Independent Review Panel of NHS England.
- Advising you about whether you can make a complaint to the Parliamentary and Health Service Ombudsman.
NHS Continuing Healthcare funding is provided for people who need full-time care primarily for health reasons.
If you think you or your loved one qualifies for NHS Continuing Healthcare funding, but you or they are paying for the care, you should ask for an NHS Continuing Healthcare assessment.
You can also ask for this assessment if your loved one has passed away but you believe that they were eligible.
This type of funding is available no matter where you or your relative live or lived - this can be in your own home, a residential home, or it could be a nursing home. The assessment process is the same.
Our Care Home Solicitors can request an assessment for NHS Continuing Healthcare funding on your behalf, but in order to do so, we’d need some details from you about why you believe you’re eligible.
Alternatively, you can ask a GP, social worker, or manager of the care home to carry out the assessment.
It can be really upsetting when you’re told that you don't qualify for funding, especially when financial support can make all the difference.
Unless an assessment has been carried out, it's impossible to know whether you or they are eligible.
Get in touch with our Care Home Solicitors for free legal advice.
Frequently asked questions
- What funding is available?
We offer various funding options to suit your budget, including bespoke fixed fee services. You can also ask us if we can work on a No Win, No Fee basis.
- What funding can I or my relative access?
We can help identify whether you or your relative can access NHS Continuing Healthcare funding.
Even if you're not eligible for NHS Continuing Healthcare, we may still be able to help you access funding from your local authority or the Department for Work and Pensions (DWP):
- If you have capital assets of less than £23,250, your local authority may help with your fees
- The value of your property, or part of it, can be ignored in this calculation in certain circumstances
- If you don't want to sell your home, you may be able to enter into a 'deferred payment' scheme, where the fees don't need to be paid during your lifetime or until you leave care
- Where one of a couple is going into a care home, you need to make sure that your remaining spouse is provided for financially.
You should also:
- Check whether you're entitled to certain welfare benefits from the DWP
- Check the terms of the care home contract
- Consider whether a third party needs to pay towards care costs.
- How can I or my relative claim NHS Continuing Healthcare?
If you or your relative have complex healthcare needs and require ongoing care, you might be entitled to NHS Continuing Healthcare.
NHS Continuing Healthcare is free and available for anyone over the age of 18 who is being cared for outside of a hospital and whose main need is health-related.
Your local Clinical Commissioning Group (CCG) will assess whether you're eligible for funding. A health or social care worker will carry out an initial assessment of your needs or those of your relative using a screening tool, which is known as the Checklist Tool.
If they find that you or your relative are entitled to NHS Continuing Healthcare, they'll arrange for a full assessment to be conducted using a Decision Support Tool.
If you’re eligible for this type of funding, then the full cost of your care home fees might be met by the NHS.
- What information/documentation do I need to make a claim?
If you're asking for an assessment on behalf of someone else - who lacks capacity - and that person is still alive, you need to be appointed as their Attorney or Deputy.
If the person has the capacity to make their own decisions, then they should be the one to ask for the assessment.
If the request is regarding a person who has passed away, you must have legal authority to act on behalf of the estate. This means you are either named as Executor of their Will or are entitled to their estate under the rules of intestacy.
If you aren’t sure who should bring a claim, we'll happily discuss it further with you.
When making a claim, it's important that you have evidence of the care home fees that have been paid. This would include bank statements, invoices, and/or a statement of account from the care home. This evidence will help to support your case when we’re asking the NHS to look back and refund fees that have already been paid
Once an assessment has been requested and arranged, it will be completed by a nurse who will review the following:
- Care home records
- GP records
- Hospital records
- Social services notes and mental health notes.
This will help them establish the health needs of the individual being assessed.
- I have already lodged a claim/my relative has been assessed and I disagree with the decision made - can you help me?
If you or your relative haven't been referred for a full assessment and believe that you, or they, should be assessed again, you can make a complaint to the CCG.
If you're not quite sure how to go about doing this, we can walk you through what you need to do.
If you disagree with a decision that's been made and want to appeal against it, speak to one of our Care Home Solicitors as soon as you become aware of the outcome.
We'll be happy to review your case and will advise you on whether you can make an appeal.
For free legal advice call our Care Home Solicitors
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08002 605 010
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Simpson Millar is a national law firm with over 500 staff and offices in Bristol, Cardiff, Kingston-upon-Thames, Lancaster, Leeds, Liverpool, London, Manchester, Morecambe and Southport.