The ICB’s duties and challenging the decision

When moving to CHC funding from a direct payment, is there any obligation for the NHS to continue to employ the PAs that were funded through direct payments, if they are still able to provide an appropriate amount of care?

Leave a Comment / Care Planning, Budgets and Choice Rights, Direct Payments and Personal Health Budgets, Due process requirements associated with Direct Payments and Health Budgets, 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, The ICB’s duties and challenging the decision, The scope of the Care Act and ‘Primary Health Need’ as the central concept for eligibility /

Regardless of which organisation is liable for funding the care, the appropriateness of the care provided is the most important element and it could be argued that the PAs should remain employed for the continuity of care, familiarity with the person receiving care and for their well-being. In that situation, the person getting CHC status […]

When moving to CHC funding from a direct payment, is there any obligation for the NHS to continue to employ the PAs that were funded through direct payments, if they are still able to provide an appropriate amount of care? 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 »

My son receives s.117 Aftercare funding. He is due a small legacy of £40K. He is currently in supported living and both his housing and care are paid for by the ICB. However, if my son were to move into his own home, i.e a rented flat would his legacy money have to pay for his housing and care or as he is s.117 funded would the ICB be responsible for paying for both?

Leave a Comment / Accommodation rights associated with CHC (Care home placements and supported living through the ICB’s plan), Care Planning, Budgets and Choice Rights, Care Planning, Cuts and Personal Budgets Q&As, Charging and financial assessment, Deprivation of Assets to avoid paying for care, How housing rights fit in with the Care Act, How NHS services and Continuing NHS Health Care fit in with the Care Act, How the Mental Capacity Act affects the Care Act, Paying for necessary goods and services, 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, Supported Living and Care, The ICB’s duties and challenging the decision /

It is unusual for housing to be paid for by an ICB and council for a person on s117 aftercare, but not wrong in principle. If he were to move to his own home and sign a tenancy, his legacy would mean he would not get benefits. He may prefer to do that, in terms

My son receives s.117 Aftercare funding. He is due a small legacy of £40K. He is currently in supported living and both his housing and care are paid for by the ICB. However, if my son were to move into his own home, i.e a rented flat would his legacy money have to pay for his housing and care or as he is s.117 funded would the ICB be responsible for paying for both? Read More »

When it comes to employing family members through CHC funding for a personal health budget by way of a cash payment, are there any hard and fast rules on how that gets approved by the ICB? Or is it like the “exceptional circumstances” rule with direct payments, or worse, just a postcode lottery?

Leave a Comment / 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, Human Rights and MCA principles for CHC decision making, Personal Health Budgets, Managed PHBs and cash PHBs, Q&As on Care planning, Cuts, and Personal Budgets, The ICB’s duties and challenging the decision /

It is like the exceptional circumstances rule with councils’ direct payments. There are regulations prohibiting it other than on grounds of necessity.  The scope of the exclusion in the regulations is wider in one sense (friends living in the same household are prohibited in the PHB regulations) but the principle is basically the same: permission,

When it comes to employing family members through CHC funding for a personal health budget by way of a cash payment, are there any hard and fast rules on how that gets approved by the ICB? Or is it like the “exceptional circumstances” rule with direct payments, or worse, just a postcode lottery? Read More »

What is the avenue for challenge for CHC care planning and support plan disputes?

Leave a Comment / 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, Judicial Review, Q&As on Care planning, Cuts, and Personal Budgets, 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 ICB’s duties and challenging the decision /

It is judicial review, if the care planning has been flawed by the sort of thinking that amounts to a ground for judicial review in public law terms – or the complaint system if the issue is not such a serious one. Eligibility decisions get challenged by another route, but those are not necessarily apt

What is the avenue for challenge for CHC care planning and support plan disputes? Read More »

The CHC Team at the ICB  have said the Personal Health Budget (PHB) should not be used to cover the admitted deficits in the support and/or equipment provided by other publicly funded services  (i.e OT, Physio, SALT, orthotics). Is this correct or should these services be included in the PHB, because the person who has qualified has acquired a specific funding status – and rights that are different from those of the ordinary public?

Leave a Comment / Assessment and Eligibility, Carer Q&As, How NHS services and Continuing NHS Health Care fit in with the Care Act, How the Care Act fits in with the Mental Health Act (and s117 aftercare), Inter-agency disputes about joint funding for non-CHC service users, Personal Health Budgets, Managed PHBs and cash PHBs, Q&As on Informal Carers, The ICB’s duties and challenging the decision, The rights of carers, in relation to health and social care services and support, The scope of the Care Act and ‘Primary Health Need’ as the central concept for eligibility /

We think it is NOT correct to treat an ordinary person’s wait for available community mental health or community based primary care services separately commissioned under wider NHS duties, by the ICB, as capable of satisfying the duty owed under the National Framework to those eligible for CHC (or s117 Mental Health Aftercare services, for

The CHC Team at the ICB  have said the Personal Health Budget (PHB) should not be used to cover the admitted deficits in the support and/or equipment provided by other publicly funded services  (i.e OT, Physio, SALT, orthotics). Is this correct or should these services be included in the PHB, because the person who has qualified has acquired a specific funding status – and rights that are different from those of the ordinary public? 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 »

R (DJ) v Mental Health Review Tribunal: R(AN) v Mental Health Review Tribunal & Mersey Care NHS Trust, SS Home Department, MIND. [2005] EWHC

Leave a Comment / Accommodation rights associated with CHC (Care home placements and supported living through the ICB’s plan), Advocacy, Involvement, Participation, Information rights and Consultation, Care and Treatment Reviews for people detained or at risk of detention under the Mental Health Act, Hospital Discharge and CHC status, interim care, rehabilitation and reablement, 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, The ICB’s duties and challenging the decision, The relevance of the criminal law to health and social care /

The claimants were 2 mental health patients, DJ and AN, who sought judicial review of the decisions of their respective mental health review tribunals not to discharge them from hospital. The key issue was whether the tribunals were mistaken in applying the civil standard of proof of a balance of probabilities when determining whether they

R (DJ) v Mental Health Review Tribunal: R(AN) v Mental Health Review Tribunal & Mersey Care NHS Trust, SS Home Department, MIND. [2005] EWHC Read More »