The BBC has reported on the significant struggles faced by the families of disabled people in obtaining much needed care and support under the NHS.
The article was written following a previous report in which a mother was left alone caring for her disabled son for long periods, at one point having to stay awake for 60 hours to keep him safe. This was understandably met with outrage and many others have written to the BBC to report their difficulties.
NHS Continuing Healthcare scheme
Care provision is provided through a scheme called Continuing Healthcare (CHC) and decisions as to care provision is made by the NHS Integrated Care Boards (ICBs) – panels that are tasked with planning local health and care services.
Whilst the NHS says help is based on individual needs and Government guidelines, a lot of families are saying the system is adversarial and only those with life-limiting conditions or who are at risk of severe harm are able to access help and support.
The article cites NHS data which shows that in some parts of England more than 50% of adults who apply get support, whereas in other areas, it’s fewer than 10%. This suggests that eligibility can depend on where the family lives.
The BBC report covers a number of distressing stories including:
- A young man whose parents provide his round the clock care, in spite of being eligible for CHC care since February 2023.
- A family of a child who is non-verbal, with severe mobility issues requiring 24-hour care, being told the provision is being reduced from 7 days a week to 3 with no reason being given.
- A single mother of a child with a severe brain injury who experiences multiple seizures daily is expected to be that child’s sole carer in spite of the fact she has other children to look after.
- The case of Jack who has cerebral palsy and is cared for by his adoptive parents. Hip surgery has left him immobile and he requires moving every three hours including throughout the night. Despite needing 24-hour care, Jack’s parents only receive 77 hours of state care support per month, equivalent to just 90 minutes a day. This is taking a huge toll on Jack’s parents, who are both in their 60’s.
- The case of Margaret who is in her 70’s and is caring round the clock for her two adult children (both of whom are in their 50’s). They require help with all their personal needs, with her son requiring constant monitoring. When the family relocated, Margaret received no help at all for two months. Eventually, whilst some care was provided, it was inadequate and Margaret still had to provide 60 hours of care a week alone to care for her son whilst also providing care on top for her daughter.
The article discusses numerous factual errors and bad decisions, which has the impacted the families of those requiring care, examples include:
- Three patients who were stuck in hospital for months, because problems arranging home care meant they couldn’t leave
- Some families said the money allocated to them did not meet the actual cost of homecare staff, meaning they could afford less support than they had been assessed as needing
- A mother whose family’s care agency failed to supply a carer on 240 nights over a 10-month period, meaning she had to stay awake throughout the night to monitor her son as well as provide care during the day
Comment
The article highlights the plight of families who care for the severely disabled, who have to constantly battle to get the care provision they so desperately need. These people have life-long, complex, and demanding care needs which are often falling on elderly members of the family to provide.
At Nelsons we understand the plight of such people as we deal with claims involving families who care for such persons and we see clients having to experience these sorts of issues on a daily basis.
As part of the process of claiming compensation for persons injured as a result of negligence, we seek recovery of care packages based on full requirements and at private rates to ensure that those in need are properly and fully cared for, without having to rely upon their families. We are always happy to advise on whether a compensation claim can be brought and the likelihood of recovering care packages for those injured as a result of negligence.
The BBC has provided some resources, that might be of assistance, see here and here.
How can we help?
Carolle White is a Legal Director and Chartered Legal Executive in our Medical Negligence team, which is ranked in Tier One by the independently researched publication, The Legal 500.
If you require any advice or if you have any questions regarding the subjects discussed in this article, please get in touch with Carolle or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
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