Continuing Healthcare Solicitors

You've six months from the date of the decision letter to appeal a negative checklist of the DST assessment or checklist assessment.

In this appeal, you'll need to give as much evidence as possible. This includes evidence from any care provider, medical professional, and GP records. You will also need to give evidence of your daily healthcare needs, and the support required to meet those needs.

Supporting evidence is vital when appealing a decision as CHC decisions are evidence-based decisions. So, make sure you get this evidence to add to your appeal, including, care plans and daily records.

If you need help in appealing a CHC decision, our solicitors are here for you.

Retrospective reviews are CHC assessments which examine a previously unassessed period of care. This determines whether you should have had a DST assessment at the time. These reviews also evaluate whether you'd have been found eligible for CHC and, if so, whether you should get backdated CHC funding.

How far back the ICB or LHB can assess depends on where you live. In England, you can request a review of unassessed periods of care from April 2012 onwards only. No care before this date can be considered.

In Wales, the health board only considers the previous 12 months from the date the application is made. So, if you requested a retrospective review from today, the Health Board would only look back 12 months from today.

Once you've submitted your appeal letter, you'll be invited to informal and formal meetings with the ICB or LHB. These are to discuss your appeal and the decision maker’s rationale.

The ICB or LHB will provide a further decision on whether they consider the original decision to be upheld or whether your appeal was successful.

If your appeal is unsuccessful, but you consider the decision to remain flawed, an appeal to NHS England can be made. You can request that an independent review board considers the decision.