Hi everyone

Does anyone know of any case where compensation has been given by a local authority re the premature sale of a deceased relative's property for a period when that person was in residential care, prior to entering a nursing home, please?

Our claim concerns NHS continuing care for the later period in the nursing home but redress for other elements may need to be considered.

The Parliamentary and Health Service Ombudsman's 3rd Report Retrospective Continuing Care Funding and Redress' 2006-7, re the Deferred Payment Agreement which began in 2001, after the death of our relative, stated:

'some property will have been sold prior to the introduction of the scheme. There may be some instances where financial loss claimed is attributable to the actions, or inaction, of the Local Authority rather than the NHS'.

and

'I do not consider that payments for claimed financial loss should be made in the absence of clear evidence that denial of continuing care funding led to that loss. However it is clear that there should be appropriate recompense for demonstrated financial loss evidenced by the complainant. Not to do so would result in unremedied injustice.'

Katykat has posted on this Charlie, as sadly her position sounds similar to yours and post the Ombudsman. If you search her posts I'm sure that will help get up to speed, and then go from there.

I got some redress for the sale of the house. It was not from the LA it was from the NHS. The deferred payment scheme had not come into force when I had to sell to pay fees. I do know of anther case with my PCT where the same situation occurred but they refused to pay so you really have to push for it.
Have a look at the ombudsman's March 2007, 'Retrospective continuing care funding and redress'. The Ms "T" case is the closest you get to explaining this. In her case the LA had failed to let her know about the deferred funding situation so they were at fault.
Good luck.

sillysally wrote:Katykat has posted on this Charlie, as sadly her position sounds similar to yours and post the Ombudsman. If you search her posts I'm sure that will help get up to speed, and then go from there.

Hi SillySally, Thanks v much for the above useful info. I'll look at Katykat's posts.

fimac4 wrote:I got some redress for the sale of the house. It was not from the LA it was from the NHS. The deferred payment scheme had not come into force when I had to sell to pay fees. I do know of anther case with my PCT where the same situation occurred but they refused to pay so you really have to push for it.
Have a look at the ombudsman's March 2007, 'Retrospective continuing care funding and redress'. The Ms "T" case is the closest you get to explaining this. In her case the LA had failed to let her know about the deferred funding situation so they were at fault.
Good luck.

Hi Fimac4, Thanks v much for your reply. I'm glad you got redress re the house. Likewise the DP scheme had not come into force when my relative was alive. I'll push for some recompense on this if I have to. Think the document you mention is the one I've been looking at too - useful.

May also be of possible use Charlie.

Norfolk PCT and Great Yarmouth & Waveney PCT
NHS Continuing Health Care
Joint Policy on Redress Payments


http://www.gywpct.nhs.uk/_store/documents/item-7.4-continuing-care-appendix1.pdf

Well we knew about the deferred payment scheme but our Local Authority refused to give us it !! We even consulted a [ free ] disability/ carers Solicitor who told us that it is at the Local Authoritys discretion whether they will give you one or not !! Consequently we had to sell just when property prices nose dived so I estimate that alone cost Mum at least £30k!!

shrinkingviolet wrote:May also be of possible use Charlie.

Norfolk PCT and Great Yarmouth & Waveney PCT
NHS Continuing Health Care
Joint Policy on Redress Payments


http://www.gywpct.nhs.uk/_store/documents/item-7.4-continuing-care-appendix1.pdf

Hi Shrinking Violet and many thanks for getting back to me. The Norfolk site is indeed useful and I found that Bedfordshire have similar info re redress. It's a pity more PCTs do not appear to be as transparent with their policies. Charlie100.

bodecia2007 wrote:Well we knew about the deferred payment scheme but our Local Authority refused to give us it !! We even consulted a [ free ] disability/ carers Solicitor who told us that it is at the Local Authoritys discretion whether they will give you one or not !! Consequently we had to sell just when property prices nose dived so I estimate that alone cost Mum at least £30k!!

Hi Bodecia2007, From what I've read, I believe it is indeed at the LA's discretion. We too were under pressure to sell when property prices were at rock bottom. Think we'll give this a go on the basis 'nothing ventured, nothing gained'. Many thanks for getting back to me. Charlie100