The Story of Mrs M and her family

Having been hospitalised and then transitioned into care due to a lack of capacity and ongoing mental health issues that dated back decades following the death of her husband, the family of Mrs M were informed she would have to pay for her care, which would ultimately be proved to be incorrect.

Although care workers and social workers were aware of Mrs M's mental health history, they did not take the funding consequences into account. The fact that Mrs M had been sectioned and had never been discharged meant that the Local Authority and the local NHS Trust had an ongoing duty to provide continuing aftercare under section 117 of the Mental Health Act 1983. Unfortunately, this was overlooked for reasons which have never been explained to the family who went on to pay for Mrs M’s care for a period of eight years, up until her family applied to the local authority to defer payments since she was no longer able to cover the cost of her care.

The review…

The application to the local authority triggered the allocation of a new, seemingly more experienced, social worker who arranged an assessment for ongoing care and put the family in touch with Care Necessities, an organisation that specialises in supporting families in such situations. A three-year battle with the local authority ensued, placing enormous strain on the family, during which Mrs M sadly passed away, placing an even greater burden on the family at a very difficult time for all concerned.

It was felt by the family that the local authority sought to wear them down so that they would simply give up on their claim. The turning point was the local authority’s insistence that the family took specialist legal advice before they could consider a settlement – a move the family believe was expected to put them off for fear of incurring additional fees and expenses.

Enter Gosschalks…

After discussions with Care Necessities, the family was referred to Gosschalks - one of the UK’s leading specialists in such matters. The case was passed to Partner, Ben Marsden, who worked with his colleague Ellen Boote to support the family from this point forward. Despite the instruction of a legal specialist, the battle with the local authority (and the NHS ICB) dragged on but ultimately, persistence and expert legal arguments from the team at Gosschalks eventually forced the authorities into agreeing a settlement and the fees unlawfully charged were repaid to the family.

The settlement was bitter-sweet for the family as they knew their late mother worried about how the family would pay for her care when she ran out of money. It was always a shame that she was unable to enjoy her generosity by spending her well-earned wealth on her grandchildren, a pleasure she was wrongly denied simply because a public worker did not fully understand her entitlement to a free place in a care home under section 117 of the Mental Health Act 1983.

The family’s advice to anyone in a similar situation is don't give up, keep pushing on regardless of how hard it becomes and you can get there for your loved one by fighting on their behalf. Hopefully anyone else in their situation finds out their entitlement earlier, whilst their loved one is still alive.

In conclusion…

Dealing with such matters can be long drawn out, highly emotive and challenging for all concerned. With the right support and expert advice from an experience legal team, such matters can be brought to a successful conclusion in a fraction of the time and often with a more favourable outcome.

If you or your family would like to discuss your situation with a member of our expert team of lawyers, please get in touch today for a no obligation chat. Contact Ben Marsden on 01482 324252 or via email, bem@gosschalks.co.uk. Alternatively, contact any member of our Wills and Estate Disputes team who will be please to help