If you disagree with the outcome of the DST assessment, we work together with the CCG to attempt informal resolution – This stage may involve a further meeting with a Manager of the Continuing Healthcare team of the CCG. This stage can see the initial decision not to fund overturned.
If the CCG does not provide for an informal stage of appeal (and some don’t!) then a formal appeal lies with the Local Dispute Resolution panel. The appeal involves a revisiting of the DST as completed and consideration of any further evidence. This stage involves a further MDT meeting – usually comprising a Chairperson, Nurse Assessor or senior Nurse and Senior Social Worker together with the family.
The meeting is usually a face to face meeting of the family and healthcare professionals at one of the sites used by the CCG – many CCGs refuse to entertain any attendance at these meetings by any other means than physically attending. As to why the NHS would want to place such barriers to accessing the meeting is unknown – and there are a few CCGs that will allow attendance by telephone.
We always attend in person where instructed to do so – preferably together with the family if appropriate – but strong advocacy at this stage is essential. At appeals on which we are instructed, a Nurse Assessor having reviewed the evidence and process to date together with a strong advocating lawyer can prove a formidable team in your corner to give your application the best chance of success.
The result of the appeal is usually communicated to the Applicant or their representative – that decision being to overturn the original decision not to fund or to stand by the original assessment of need.