The NHS is responsible for paying for people in care that are deemed to have a health need but with experience, we have found that the NHS avoid their duties thereby avoiding funding people’s care and instead, the person in care has to use their assets to fund their care.
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The Ombudsman has wide powers of investigation, more so than the Local Government Ombudsman (Ombudsman for unresolved complaints against the Local Authority). The investigations have been notable for identifying and continuing to highlight the serious problems relating to NHS Continuing Healthcare. The Ombudsman can investigate a much wider range of issues than the Courts.
The Ombudsman will investigate injustice through failure in service, failure to provide a service which there is a duty to provide, or maladministration.
Maladministration investigated by the Ombudsman has been defined as;
- Bias, inattention, incompetence
- Rudeness, unwillingness, refusal to answer questions, neglecting to inform of rights of entitlement
- Ignoring valid advise or overruling considerations which would produce an uncomfortable result
- Offering no redress or disproportionate redress
- Showing bias
- Omission to notify those who thereby lose a right of appeal
- Refusal to inform adequately of the right of appeal
- Faulty procedures.
The Ombudsman cannot usually investigate incidents which happened more than a year ago, or complaints for which there are alternative remedies.
If the Ombudsman finds for the complainant, they can make recommendations. A report will be sent to the complainant and the NHS. The recommendations include getting a decision changed, changes to procedure or repayment of unnecessary costs incurred by the complainant. The Ombudsman apart from the latter, do not recommend financial damages.
If you have made a complaint to the NHS in relation to one of the above factors and you have not received a satisfactory response we can make a complaint to the Health Service Ombudsman on your behalf. We can advise you of the chance of success and whether we believe that you should make the complaint to the Ombudsman.
Care Fee Specialists
My name is Micaila Williams and I am a lawyer who specialises in Residential Care Fees. We aim to provide our clients with an outstanding legal service.
We will help and support you and most importantly we work hard for you.
Please contact us for a free, no obligation chat at either our Corby office on 01536 276300 or our Kettering office on 01536 311690 or contact us online.