Having originally told me they were going to investigate my mother's case, The Ombudsman has now done an about turn and told me they are not going to investigate any of it.

They told me that they had employed their own clinical nurse assessor to check if the NF guidelines had been adhered to. This person said those guidelines were adhered to - and despite 11 pages of hard evidence submitted to the contrary - all completely ignored by this person, the Omb. has now said they will not even be investigating. So it seems the Omb. investigation now follows an identical pattern to the IRP - except you cannot be there.

I have been told by a solicitor that I am now out of time for judicial review so that's it. I'm disappointed to say the least, but having had a few days to get my head round it I'm now somewhat relieved.

In comparison with a great many of you, my involvement with this nightmare has been short.I now no longer have to deal with it and selfishly, I now just want my life back.

When the money runs out, which is soon, and social services start paying in full, I will not be co-operating with helping them fight the NHS for the funding that is so clearly the NHS responsibility. I will not be attending any more meetings and they can just get on with it. As my mum deteriorates and her health needs increase, it will be down to SS to fight their own battle if they can even be bothered - and at every opportunity I will be needling them with that.

My mum's health, happiness and stability are, and always have been paramount to me and will continue to be so. She is now settled and happier than she has been in a long time and is in a good nursing home. I feel comfortable in the knowledge that I have done everything I can for her but it's now time for me to draw a line under this particular battle.

In the time spent fighting for NHS funding I've learnt some lessons too - including never to give money to strangers who contact you via this website saying they will represent you and who do little more than send a few letters.

Thank you to everyone for your support and helpful answers to my many questions, and good luck to those of you still fighting.

Hi SB

Your solicitor is telling you nonsense (let 3 months go by and then sue him for negligence )

You have 3 months from the date of the OMb's rejection letter to apply for a JR!

Please think very hard before you decide to go for a JR. ( See my post in Debate forum REf the Ombudsman and JR )

I am still fighting and will never give up.

There has been talk about criminal charges against the B......s but my report of fraud was thrown out by the police inspector = he said I couldn't prove that the authotiries had gained any financial reward but he did not rubbish my allegations, he just refused to investigate.

You do not have to prove financial gain for a fraud to have taken place!

Not willing to take on the police but I can still claim fraud in a civil case -- watch this space.

Best of luck

CJUK

[quote="starlightblue"]Having originally told me they were going to investigate my mother's case, The Ombudsman has now done an about turn and told me they are not going to investigate any of it.

They told me that they had employed their own clinical nurse assessor to check if the NF guidelines had been adhered to. This person said those guidelines were adhered to - and despite 11 pages of hard evidence submitted to the contrary - all completely ignored by this person, the Omb. has now said they will not even be investigating. So it seems the Omb. investigation now follows an identical pattern to the IRP - except you cannot be there.

quote]

I couldn't agree more about the Ombudsman - we had the same happen to us and again like you, when we presented hard evidence that they were wrong the ombudsman ignored us. Since then we have had further evidence thet the PCT did not follow their own guidlines, so the ombudsmans was wrong on that too.

The ombudsmans office is not fit for purpose and should be replaced by something that does work - but that would then cost the government money wouldn't it?

CJUK wrote:Hi SB
Your solicitor is telling you nonsense
CJUK

Agree with that comment. If that were the case, there would be no need for the PHSO to do anything. (I'm no fan of Ombudspersons - so don't get me wrong.)

Your solicitor is talking rubbish. Post the name of your solicitor and we can all challenge him/her. S/he just sounds like a money-grabbing twerp, prepared to sit on backside and convince people s/he knows what s/he's talking about.

Just post the website of your solicitor - that'll do. We'll do the rest.

But, I can understand that you want your life back. That's why the solicitor should be given a big kick where it hurts.

As should this person - :

In the time spent fighting for NHS funding I've learnt some lessons too - including never to give money to strangers who contact you via this website saying they will represent you and who do little more than send a few letters.

Take a break, SLB, and then let us know if we can do anything at all to help. You know where we are if you need us. Be my guest!

VM

Hello Starlightblue

Was so sorry to hear about your news concerning the ombudsman it was most disappointing.

It could be your solicitor has made a mistake over saying that you were out of time for a judicial review. If you are going to seek a judicial review over the ombudsmans decision not to investigate the case you have 3 months from the date of his letter to you to apply.

It may well be he is confusing the time limit over the events of the CHC process itself and not the ombudsmans refusal.

" A public authority may be acting unlawfully if it has made a decision or done something so unreasonable that " no reasonable " decision-maker could have come to the same decision or done the same thing. ( unlawful on the grounds of unreasonableness ).

"Without observing the rules of natural justice ( unlawful on the grounds mof procedural impropriety or fairness"

Very kind regards Ian

S/B

Come on Dont let that star fade, there is light at the end of the tunnel. you have three months to take your case to judicial Reveiw, Tell your Brief that if he don't pull his finger out you will report him/her, for negligence of duty failure to advise you lawfully and correctly on Proceedures

If no joy As V/M Say's Name and shame Him/Her. I Am sure we can cause them a lot of embarressment. You should consider sueing The solicitor for taking a case on without the proper Experience or Knowledge of Fully Funded Continuing Care


Whilst on the subject i think it is time for a petition to be set up to shame to ombudsman into dare i say it, Obeying the law instead of acting as body gaurds for the N.H.S

Mick