Your challenges
Although the National Framework was introduced in order to ensure one common approach to determining eligibility for NHS continuing healthcare it seems to have raised as many questions as it answered. We can assist you with interpretation of responsible commissioner issues, the application of the Directions and Decision Support Tool and interpretation of the NHS Act 2006 – the list goes on!
Achieving your ambitions
PCTs have to grapple with both legal and practical issues. This includes working with local authorities, patients and their relatives. PCTs have a limited budget and have to take discretionary, administrative decisions as to whether and to what extent you can meet the individual needs of patients given the resources available. We can support you when working out what services to offer once a decision has been taken that a patient is eligible for CHC as well as working with you on the Choice Agenda, dispute resolution procedures, user independent trusts and the issue of direct payments.
The strength you need
We have 12 lawyers (including two partners) who are intimately familiar with CHC. One of our associates sat for two years as a chair of an SHA Independent Review Panel reviewing the decisions of three PCTs in that SHA area. She continues to attend the monthly Continuing Care PCT Leads meetings for the SHA region.
Our work ranges from support during the assessment process to defending judicial reviews and securing multimillion-pound funding transfers from local authorities in respect of patients where PCTs have been over-generous in awarding CHC in the past. We also have experience of bringing claims for restitution against local authorities for back payments of CHC.
Lawyers you can trust
The case of Gunter v South Western Staffordshire PCT is a case where we successfully defended a judicial review on behalf of the PCT. This case is referred to in Personal Health Budgets: First Steps.
One PCT client has recently told us that "by applying your advice we have identified over £1.3 million savings".
In this year's Legal 500, it said: "Jill Mason's team is the top choice for health: whatever you need, they will be able to help."