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Forum to assist all patients to obtain NHS care 'free at the point of need' which has been the statutory right of every resident British citizen since the 1946 National Health Service Act became law.


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Right Some Good News, None Payer Acieved Retrospective

Fri 13 Jan 2012 - 17:59 by patrick11

Before I break the good news,

what you are about to read is that I fought the battle differently, Due to our mother's constant wandering, crying on a daily basis ,behaviour problems, Falls and being moved from one home to another due to previous care/ Nursing homes not WANTING to meet her care needs, As the Medication did not have the desired effect that they Desired I,e. EASY MANAGEMENT TO BE SEEN AS STABLE AND DENIED HER LEGAL RIGHT TO FREE HEALTH CARE ,

This was at a time I knew nothing absolutely nothing. But then I found Stephen Squires Forum I received a lot of help from Stephen Squires who wrote letters and made phone calls to our local P.C.T Pointing out their unlawful handling of our Mother's case. Long story: Stephen Squires To you I am very very Grateful for all of your help and assistants, I would not be in the position I am in today if not for you, I am also Very very grateful for the help of others on the forum Victoria Meldrew, Mark Edge, Alien pirate, Firmac Bodecia, Andrew wells More Recently Ian To name but a few, To all members I am very grateful because without all of you posting on the forum I would not of got anywhere, I learnt a lot from all of you Via your postings, A Big Thank you To all Of You

Mick.

To continue

When mum was moved to a third home I had _ had enough, I stopped paying (My Choice My Risk) her top up fee consisting of her state pension, I decided to fight for her legal rights, I though if they are going to medicate her with last resort medication. And pass her from pillar to post then it should be done lawfully.

In June 2007

I demanded a Mental Health Assessment without medication under the mental Health Act 1983/5 to monitor her real overall needs, (Not an easy task) Eventually Mother was put into a unit that specialises in mental health assessments, June 2007 by July 7th 2007 Mum suffered a major stroke (Needless to say caused by Medication) any way Mum survived this ordeal, I jumped up and down complained vigorously made as much fuss that I could Concerning any medication. I argued with them about all and or any proposed medication as I held them responsible for what happened to Mum,

Mum was kept there for a year throughout all this time meeting after meeting trying to get me to agree to a Covert medication regime. I just refused to play party to it, I Reminded them that no one not even a relative can give consent on behalf of an adult who has lost capacity But I can legally Challenge what might be proposed, ( I had read the mental health Act by this time)

I also reminded them that Mum was entirely their responsibility Long story, in June 2008 Mum was placed in Yet another assessment unit with continuing care beds, Problems from the start as you may of read some of my previous posts Re Mum being attacked and suffered facial injuries several occasions, Mum was immobile due to her stroke she was nursed in a kirton chair transfers were by hoist, After many meetings also my usual disagreement Re the medications Mum was finally awarded FF/CC October 2008

The meetings continued with staff and the Consultant psychiatrist still trying to get me to agree to certain medications, I Provided them with print out's off of the internet concerning the adverse effects of all of the medication they kept proposing . The printouts were swiftly disregarded
by the so called professional Consultant psychiatrist who at one stage had to apologies to me personally as I had proven him wrong on a particular medication. it had been removed from use by NICE 2 years previously. He wasn't up to speed ( I enjoyed that moment) In fact I have it voice recorded, I listen to it often Just to hear him squirming his way through the meeting

All this continued until March 2010, When the So called professional Consultant psychiatrist stated that he would apply to have my Mother Sectioned under the mental health Act. He thought that this was going to Pi** me off as he said that I could always object, Was he wrong he certainly was
why would I want to object, I had achieved Justice For My mother, From here on things were going to be lawful Section 3 Leading to Section 117 Equals Fully Funded Continuing Health care for life
Mum Was sectioned on 17th March 2010

Before this I had already submitted a Retrospective claim for all of the fee's paid from mum's state pension From October 2004 up to January 2007 When I stopped paying, Due to her being Evicted and moved around . They had already sent out a portrayals needs pack for us to agree or not agree, after reading the portrayals needs pack ( a pack of lies) I noticed that some documents had not been completed. none were signed or dated by the person who compiled the documents. And some documents hand written that were illegible, I also Noticed that the documents that they had based their decision to refuse FF/CC upon had been assigned Reference numbers ( like 135, 436. 430. 564. Ect, Ect.

Well I just wrote back and demanded that they fully complete the documents that were incomplete also have them signed and dated by whoever compiled those documents, I also demanded that the hand written documents be re_written. As they were UN-lawful if they could not be easily read also I ask for them to be signed and dated by whoever compiled them

I also demanded a full set of copies of the documents that had been assigned Reference numbers that they used to base their decision upon (Their Rational), for the purpose of cross referencing the documents with those we had in our possession ( To be able to put our evidence forward in contradiction of their Cherry/ Hand Picked Evidence)

Yes the old Nut-Meg came back we cannot provide copies from a third party Meaning (No) you cant have them, OK so I wrote back stating that before they could access the copies of the documents that I now require. They by law had to obtain our consent before they could access the same Documents themselves and that we had already got in our possession copies of the same but without the reference numbers, could they now please provide us copies of their rational I,e: the documents with the assigned Reference numbers

A week before This Christmas 2011 I rang the P.C.T to get an update are they going to send the copies requested or not, And was told there was no need for the documents to be sent as they had now decided that Mum had met the criteria Since August 2006 (Retrospectively)This was prior to Mum Being evicted from the Third care home under section 2 August 2006 as an formal patient in a small assessment unit Mum was treated there and then returned to the home She was evicted from awaiting to be re homed, Mum Was re homed In the 1st N.H.S Assessment home in June 2008.

I was told no need to fill in or send the portrayals needs pack Back to them and that I would Receive a letter of confirmation after Christmas, Well the good news is I have received the letter of confirmation today , We have secured Retrospective Redress (Refund Of fees) as of August 2006
We have been asked to provide invoices for that period for re-payment

We are now moving forward with retrospective claim for the period of October 2004 up to July 2006 Our evidence is much stronger than we had for the period already granted so should not be to much of a problem

Well there you are, The reason I have posted all of the above is to let you know that you can win if you stand strong and battle away ( I did not need to use a Solicitor ) You only need to read and absorb what every one posts on this forum and pick out what best suits your purpose. Reading
everything and I mean everything, Stephen Squires, Victoria Meldrew, Ian Every one who posts on this forum has something of use to you. It helped me and my family

Remember this I was totally THICK Before I found this forum. I still feel a little thick at times but that is how the N.H.S get you by Moving the Goal posts every now and then. But take heart from my story , YOU CAN BEAT THEM I DID AND I WAS THICK BUT SOON LEARNT

A little advice, Don't be rushed into rash reply or rushed into meetings There is no legislation that sets time limits to reply or to attend meetings This is another ploy by the P.C.T To rush you into making mistakes. Take the time (As they do) you need to take the time to gather your evidence set your stall out. Make sure you are ready for them with plenty of evidence before you reply or ready for meetings , Read and Re- read all medical records and state your case

Be warned It happened to us, Along the way you are Intimidated. You are accused Via Fabricated story's of being A Bully of Staff Abusive And a Racist We Have suffered all of that, But when we challenged them to provide their evidence to substantiate their claims THEY COULDNT EVIDENCE ANYTHING

I Cheated a little along the way, I voice recorded most situations, It's called self survival. I could evidence things they couldn't, They tried the breach of confidentiality trick when told them they had been recorded and that I could play it back to them,

They tried to have me done for the third party trick but I hadn't played it back to a third party. It was for my own use. I told them they couldn't be considered as a third party because they were party (involved ) In the recordings i.e. If I was accused of something I hadn't done by a certain party it was not illegal to play it back to the accusing party as they are not a third party

I'll stop Rambling on now, Hope the above gives you some insight and strength to go the distance it can be done, Good Luck may this year bring you all justice


Very Kind Regards

Mick & Family

P.S I Will be hanging around I'm Not Going To disappear In to the sunset


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