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Martin Searle Solicitors

Case Study: How We Obtained A Backdated Children’s Continuing Care Award For A Professional Deputy

Summary

How Chloe Scarr helped a Deputy obtain a £115,000 backdated award of Children’s Continuing Healthcare for his client, Matthew. She also provided advice on the level of ongoing support and funding for Matthew’s care at home fees.

The situation

Matthew, 13, suffers from multiple physical and mental disabilities. He attends a specialist school and lives with his family at home. Matthew has a personal injury compensation award and a Deputy was appointed by the Court of Protection to manage Matthew’s property and financial affairs.

The Deputy had been paying for Matthew’s extensive care at home package from his personal injury settlement and the complex care package was overseen by a Case Management company.

The Deputy arranged for Matthew to be assessed for Children’s Continuing Care (CCC). Matthew was found eligible for CCC, together with some Local Authority funded social care and educational provision. The Health and Social Care Package did not meet the full cost of Matthew’s care; his Deputy approached our firm to ensure that Matthew received the maximum state funding contribution available.

What Martin Searle Solicitors did

Chloe looked at all the assessment and care plan documents. She undertook a detailed review of Matthew’s NHS and Special Educational Needs (SEN) statutory funding awards, alongside the privately funded care at home package.

Matthew’s SEN plan had not yet been transferred to an Education Healthcare Plan (EHC) plan. Chloe advised the Deputy and Matthew’s mum what to expect and push for in Matthew’s EHC Plan

Chloe also considered how Health and Social Services had divided their care and funding responsibilities for Matthew. She advised the Deputy that the NHS CCC package offered by the Clinical Commissioning Group was likely to be seen as adequate and appropriate for Matthew’s level of needs.

She spotted that there was scope to argue for additional support during school holidays, but there was a need for caution in challenging this, due to the risk of triggering a review of the CCC funded package, which could potentially cut Matthew’s package.

The result

Chloe liaised with the NHS CCC team to ensure they took responsibility for funding Matthew’s care at home package.

Chloe obtained a backdated payment of £115,000 of unpaid Children’s Continuing Care funding.

She also provided further advice on changing Matthew’s Personal Health Budget to a Direct Payment to allow Matthew’s family greater choice to employ Personal Assistants.

If you’re a Professional Deputy or Attorney and need expert advice on Children’s Continuing Healthcare, please contact our Community Care Law team today on 01273 609911, or email info@ms-solicitors.co.uk.

 

 

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