Care Planning and reviews for CHC patients in light of Public Law Principles

If a council has agreed to allow a direct payment budget holder to spend it on employing a relative living with them, is the NHS duty bound to uphold that when CHC takes over, or can they disregard it? Thus forcing the needy person to use outside carers?

Leave a Comment / Care Planning and reviews for CHC patients in light of Public Law Principles, Care Planning, Budgets and Choice Rights, Direct Payments and Personal Health Budgets, Due process requirements associated with Direct Payments and Health Budgets, Employing family members with a Direct Payment or health budget, How NHS services and Continuing NHS Health Care fit in with the Care Act, NHS CHC/ICB Q&As, Personal Health Budgets, Personal Health Budgets, Managed PHBs and cash PHBs, Q&As on NHS CHC/ICB, Using a Direct Payment or PHB to pay Close Family Members in the same household, What it means to ask for a Direct Payment or PHB under the Care Act, the Mental Health Act and NHS Continuing Healthcare /

The NHS is not bound by the view that the local authority took to this issue, but must conscientiously take account of the council’s reasoning at the time, in the light of the evidence presented to the council first time around. That is what public law principles would require. The NHS Framework for CHC says […]

If a council has agreed to allow a direct payment budget holder to spend it on employing a relative living with them, is the NHS duty bound to uphold that when CHC takes over, or can they disregard it? Thus forcing the needy person to use outside carers? Read More »

Are there any allowances for employing relatives through CHC funding? If so, is it harder (or different) to achieve than through council funding/direct payments?

Leave a Comment / Care Planning and reviews for CHC patients in light of Public Law Principles, Care Planning, Budgets and Choice Rights, Direct Payments and Personal Health Budgets, Due process requirements associated with Direct Payments and Health Budgets, Employing family members with a Direct Payment or health budget, How NHS services and Continuing NHS Health Care fit in with the Care Act, NHS CHC/ICB Q&As, Personal Health Budgets, Personal Health Budgets, Managed PHBs and cash PHBs, Q&As on NHS CHC/ICB /

There are rules for this issue, in the Personal Health Budget regulations, as amended. When the regulations on direct payments in the NHS (for CHC and some other services) were issued in 2013, there were, at first, NO rules about close relatives doing the work at all, and being paid out of the budget, but

Are there any allowances for employing relatives through CHC funding? If so, is it harder (or different) to achieve than through council funding/direct payments? Read More »

Should the provision of a safespace/sensory space within the home (for maintaining behaviour, meeting sensory needs and reducing instances and intensity of behaviour) be part of a CHC budget? This seems to be pushed back and forth between the Health, Social Services and Disabled Facilities Grant Housing Authority teams.

Leave a Comment / Adaptations related to disability, under legislation other than the Care Act, Adaptations under the Care Act (facilities) and the interface with Disabled Facilities Grants, Assessment and Eligibility, Care Planning and reviews for CHC patients in light of Public Law Principles, Care Planning, Budgets and Choice Rights, DFGs Q&As, Eligibility Findings Q&As, Funding Adaptations of housing, for assisting care planning, How NHS services and Continuing NHS Health Care fit in with the Care Act, Q&As on DFGs, Q&As on Eligibility for funding or services /

This question needs to be broken down: the only things that make it into a care plan of any sort are things which a professional accepts is part of what’s required to meet the needs to an adequate appropriate standard. That’s the first thing.  If this is a question as to who should be paying

Should the provision of a safespace/sensory space within the home (for maintaining behaviour, meeting sensory needs and reducing instances and intensity of behaviour) be part of a CHC budget? This seems to be pushed back and forth between the Health, Social Services and Disabled Facilities Grant Housing Authority teams. Read More »

a) Should the ICB use the Care Act when considering CHC status, e.g. to identify eligible social care needs alongside health needs? b) If so, when needs have been identified is there a legal duty to meet them?

Leave a Comment / Assessment and Eligibility, Care Planning and reviews for CHC patients in light of Public Law Principles, Eligibility Findings Q&As, How NHS services and Continuing NHS Health Care fit in with the Care Act, Q&As on Eligibility for funding or services, The Decision Support Tool and decision making team exercise, The ICB’s duties and challenging the decision, The scope of the Care Act and ‘Primary Health Need’ as the central concept for eligibility /

a) No, the ICB is only responsible for evaluating whether someone’s health, social and personal care needs ADD UP to the concept of Primary Health Need, which then entitles the person to CHC – NHS continuing healthcare status and funding. Once a person is eligible for that form of care, there is a duty to

a) Should the ICB use the Care Act when considering CHC status, e.g. to identify eligible social care needs alongside health needs? b) If so, when needs have been identified is there a legal duty to meet them? Read More »

Regarding CHC decision-making for CHC eligible people – is there a right to have a Social Worker involved in care planning if you are CHC eligible, or is this up to the individual ICB?

Leave a Comment / Care Planning and reviews for CHC patients in light of Public Law Principles, Care Planning, Budgets and Choice Rights, Care Planning, Cuts and Personal Budgets Q&As, How NHS services and Continuing NHS Health Care fit in with the Care Act, Inter-agency disputes about joint funding for non-CHC service users, Q&As on Care planning, Cuts, and Personal Budgets, The ICB’s duties and challenging the decision /

You can read up about who needs to be involved here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1087562/National-Framework-for-NHS-Continuing-Healthcare-and-NHS-funded-Nursing-Care-July-2022-revised.pdf starting with paras 141 about the Multidisciplinary team and then paras 185 and 186. in essence there is no right to have a social worker involved, given the definition of the required multi-disciplinary team does not stipulate that a social worker must be

Regarding CHC decision-making for CHC eligible people – is there a right to have a Social Worker involved in care planning if you are CHC eligible, or is this up to the individual ICB? Read More »

How should a person’s personal or social care needs be identified if they change after the person has become CHC eligible – that is, the last Care Act assessment is now out of date?

Leave a Comment / Care Planning and reviews for CHC patients in light of Public Law Principles, Care Planning, Budgets and Choice Rights, Care Planning, Cuts and Personal Budgets Q&As, How NHS services and Continuing NHS Health Care fit in with the Care Act, Q&As on Care planning, Cuts, and Personal Budgets, Reviews and Revisions (cuts or changes to content), Reviews and revisions of Continuing NHS Healthcare and s 117 Aftercare plans, Reviews, Revisions and Re-assessments under the Care Act, The ICB’s duties and challenging the decision /

You can read up about Review of CHC eligible needs in the National Framework document (updated July 2022) here https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1087562/National-Framework-for-NHS-Continuing-Healthcare-and-NHS-funded-Nursing-Care-July-2022-revised.pdf (paras 206 and 207) but in essence, one needs to ask the ICB for a Review, explaining why, and ask what arrangements there are in place locally for the input and expertise of the social

How should a person’s personal or social care needs be identified if they change after the person has become CHC eligible – that is, the last Care Act assessment is now out of date? Read More »

Court of Protection Hearing (COP 13679387) before District Judge Brown sitting at Bristol Civil & Family Justice Centre was heard remotely on 2nd March 2023

Leave a Comment / Accommodation rights associated with CHC (Care home placements and supported living through the ICB’s plan), Appropriateness, Sufficiency and Transparency of a care plan, Care Planning and reviews for CHC patients in light of Public Law Principles, Care Planning, Budgets and Choice Rights, Hospital Discharge and CHC status, interim care, rehabilitation and reablement, How NHS services and Continuing NHS Health Care fit in with the Care Act, Public law principles relevant to Care Planning, The ICB’s duties and challenging the decision /

Taken from Open Justice Court of Protection Project article Injunction against a mother biting the bullet– By Avaia Williams (Barrister in training) – 8 March 2023 DS is a man in his early thirties. He has a profound learning disability, spastic quadriplegic cerebral palsy, does not communicate in words and has been assessed as lacking

Court of Protection Hearing (COP 13679387) before District Judge Brown sitting at Bristol Civil & Family Justice Centre was heard remotely on 2nd March 2023 Read More »

Sutton LBC, ex p Tucker [1998] 40 BMLR 137 (QBD)

Leave a Comment / Care Planning and reviews for CHC patients in light of Public Law Principles, Care Planning, Budgets and Choice Rights, Delay and non-commissioning, How NHS services and Continuing NHS Health Care fit in with the Care Act, Timeliness and the duty to meet needs - unconscionable delay /

Care plans – adequacy – policy guidance – delay A local authority had acted unlawfully in providing an inadequate care plan and departing without good reason from the policy guidance issued by the Secretary of State. A two year delay in formulating a care plan which would have enabled the applicant’s discharge from hospital was

Sutton LBC, ex p Tucker [1998] 40 BMLR 137 (QBD) Read More »

R (on the application of Ruth Whapples) v Birmingham Crosscity Clinical Commissioning Group v The Secretary of State for Health [2014] EWHC 2647 (Admin)

Leave a Comment / Accommodation rights associated with CHC (Care home placements and supported living through the ICB’s plan), Care Planning and reviews for CHC patients in light of Public Law Principles, How NHS services and Continuing NHS Health Care fit in with the Care Act, Judicial Review, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights /

RW had severe medical problems, including being paralysed from the neck down.  No definite diagnosis for her condition had ever been made but it was common ground that her condition was due to post traumatic stress disorder (“PTSD”), caused by abuse that occurred to her in institutions during childhood.  RW was also registered blind.  

R (on the application of Ruth Whapples) v Birmingham Crosscity Clinical Commissioning Group v The Secretary of State for Health [2014] EWHC 2647 (Admin) Read More »

R (on the application of Joan Green (by her litigation friend Carolyn Kempson) v South West Strategic Health Authority and (1) North Somerset PCT and (2) Secretary of State for the Department of Health (interested parties) [2008] EWHC 2576 (Admin)

Leave a Comment / Care Planning and reviews for CHC patients in light of Public Law Principles, How NHS services and Continuing NHS Health Care fit in with the Care Act, Judicial Review, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Restitution, remedies, and legal proceedings related to CHC claimants /

The Claimant in this matter was seeking a judicial review of the decision, by the Defendant SHA that she did not qualify for 100% NHS funding under Continuing Healthcare [‘CHC’] for the period between October 2003- March 2006. She had been diagnosed with Alzheimer’s disease in 1996 and by 2003 her condition had deteriorated to

R (on the application of Joan Green (by her litigation friend Carolyn Kempson) v South West Strategic Health Authority and (1) North Somerset PCT and (2) Secretary of State for the Department of Health (interested parties) [2008] EWHC 2576 (Admin) Read More »