How to choose a Continuing Healthcare advisor - 11 tips

Published 20/10/2016

Please note: This article was published prior to July 2022, and some information may be outdated.

What to check when choosing a Continuing Healthcare solicitor or advisor

Be careful when choosing a solicitor or advisor to help you.

If you’re unsure about the choice you’re making, take a look at our tips here…

How to choose an NHS Continuing Healthcare advisor

11 key things to check:

1. Are they are a specialist in NHS Continuing Healthcare (not just someone who knows just ‘a bit about’ care fees)?

2. Do they have hands-on practical experience dealing with NHS Continuing Healthcare assessors and decision makers?

3. Are they are familiar with the kinds of obstacles that families face every day during the assessment and appeal process – and do they understand how to counter these in practice?

4. Do they understand the law surrounding care fees and NHS Continuing Healthcare, as well as knowing the National Framework guidelines inside out?

5. What have they published about Continuing Healthcare, and does this come from a place of solid research, knowledge and experience?

6. Just because a company advertises a lot, and just because a company pops up a lot with promotional ads and videos on the internet, doesn’t necessarily make them good at what they do. Always ask lots of questions.

7. If you find someone who asks you for just a few quick details of your relative’s health needs and then says you have a solid case for Continuing Healthcare funding, be careful. It usually takes more that to evaluate care needs.

8. Similarly, if you’re asked to pay up front, make sure it’s clear what a solicitor or advisor is going to do for that money.

9. It’s a good idea to read the eligibility criteria in the Decision Support Tool yourself, and you have a reasonable idea whether or not you have a good case.

10. Make sure anyone acting on your behalf can actually attend assessments with you and challenge all incorrect behaviour, statements and decisions by assessors. You need someone who can argue your case with conviction and counter the mistakes and maladministration that occur in so many instances. Make sure you also know exactly what the person or company is prepared to do for you (and what the potential cost might be) at every stage of the assessment and appeal process.

11. Remember that you know your relative best – and it’s helpful if you’re still closely involved, to make sure that all details about your relative’s health and care needs are considered and included.

A good advisor, solicitor or advocate can be invaluable in helping fight your corner

We have a good relationship with Farley Dwek Solicitors, and they can help you with your individual case. Read more about them here.

Tagged Categories: CHC essentials, CHC funding, Initial advice, NHS Continuing Healthcare

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5 Comments

Nicola Currie January 17, 2018 at 8:44 pm

Could you please advise me on what I should research, as I live in Scotland.

Heledd Wyn December 2, 2016 at 8:43 am

As with any purchase, shop around and Angela's advice is really sensible. For those looking for solicitors, you may want to look at http://www.sfe.legal/ which has a list of solicitors and lists their specialities - this might be a helpful starting point - but nothing beats having a conversation and trusting your own judgement.

Angela Sherman December 1, 2016 at 6:45 pm

We've had several requests for our opinion on specific law firms and specific CHC advisors. We don't publish opinions or recommendations relating to any specific law firms, companies or individual advisors. We can say, however, that if a company tells you you have a good case, and yet they have barely looked at the details relating to your case, be cautious. Families report that there are some companies who ask for money up front to take on your case, and yet they will not have properly ascertained that you do actually have a good case. It can take time to properly evaluate the strength of a person's case, and so check carefully the basis on which you are being asked for the payment.

Heledd Wyn October 21, 2016 at 2:04 pm

As a solicitor who has challenged NHS CHC decisions - some successfully, some not - I know how hard it can be and it is especially so when time is not on side. However, it is always worth pushing for assessments/appeals - even if not successful now, it can be a useful snapshot for future assessments - as people with degenerative illnesses do not usually 'get better' - just their symptoms are more effectively managed and so don't give up at the first hurdle.

N Crofts October 20, 2016 at 8:08 pm

An interesting development is the September 2016 report by AgeUK (http://bit.ly/2eaU9a3) 'Behind the Headlines Stuck in the Middle' showing how the system is stacked against self funders when you can't get the NHS to pay.