September 2009: Trevor is where he wants to be: Larkland House in Berkshire, near to where he lived and worked all his life.
The slow NHS Appeal process continues, supported by solicitors, expected to reach Judicial Review in early 2010.
Meanwhile, Trevor exercises his legal right not to pay any of the care home fees: approx £56,000 since July 2007.
The dispute with Buckinghamshire County Council continues, with more information available for use when needed.
The Paper Trail and events in "Trevor’s Story" (updated 10 September 2009)
Trevor’s story is one that may be familiar to many tens of thousands of families throughout the UK. They may have a relative in a nursing home and may even have sold the family home to pay for care. But they need not have done so. Sadly, very few know the simple facts.
"The judgment in Coughlan clearly establishes that where a person's primary need is for health care, and that is why they are placed in nursing home accommodation, the NHS is responsible for the full cost of the package. " - the Law Society quote, on the front page of www.nhscare.info
events and letters in Trevor's Story ...
11th September 2006: Trevor has massive stroke. Robin receives 'phone call and finds family, friends and medical records. Trevor unconcious.
18th October 2006: Robin attends "life or death" decision meeting with Dr Burn at Wycombe General Hospital. Trevor "to be given every chance".
20th December 2006: "Trevor's Visitor's Book" given to Trevor by a friend. Detailed log events and visitors. Trevor starts slow recovery - not expected by doctors.
22nd January 2007: Trevor's first words spoken to Robin. Trevor clearly understands all that is spoken and can do things with his left hand.
20th February 2007: Trevor moved to Amersham Hospital Heberdon Ward, stroke recovery unit: receives therapy up to three times per day.
2nd April 2007: Case Meeting for Trevor at Amersham Hospital. Mostly therapy related. Attended by NHS staff, Barbara of Social Services - all given NHSCare.info flyer.
21st May 2007: Case Meeting chaired by Kate Lochy, Discharge Coordinator. Others included Adrian Walker, Ronel Murray & Barbara Johnson of Social Services.
30th May 2007: Meeting with Trevor at Amersham Hospital. Barbara of Social Services said would "apply for Continuing Care... through appeal if needed."
11th June 2007: Robin told by Kate Lochy that Trevor had "failed the criterea for Continuing Care". Social Services continue to say nothing, including this.
11th July 2007: Trevor discharged from Amersham Hospital to Chiltern Court, a low cost Nursing Home in Bucks - arranged by Social Services without consent.
17th July 2007: Robin takes clothes to Chiltern Court, buys slippers, etc. Were preventing Trevor being taken out of bed. Social Services not responding to Chiltern Court.
11th August 2007: letter TAS1 from Robin "for the record" to Amersham Hospital NHS staff, Buckinghamshire Social Services, and others.
22nd October 2007. letter TASTAS1 from Trevor , prepared and witnessed by Robin and Terry. Request for move to care home near Bracknell and important information.
9th November 2007: reply from Jim Peart to letter above. Requests details of an available care home. Can move if the £481.60 pw is "topped up".
16th November 2007: letter TAS2 from Robin to Jim Peart at Social Services. Provides details of Care Home near Bracknell and willingness to "top up".
3rd December 2007: 'phone call from Jim Peart of Social Services to Robin... "will not move Trevor, or even discuss it, before financial information is given"
4th December 2007: letter TAS3 from Robin to Jim Peart and Adrian Walker... "...behaviour is completely unacceptable...". details of Larkland House given.
4th December 2007: letter TASMPS1 from Robin to David Lidington,MP and others. Included TAS3 above and background "political" information.
8th Dec TAS4 and 24th Dec TAS5 from Robin to Social Services: asked important questions... "...exhausted all attempts to obtain your help... "
10th December 2007: letter from Trish Robertson of Social Services. ... why Trevor will not be moved to Larkland House. "... Adrian (Walker) has returned to his usual duties."
12th December 2007: letter TASNHS1 from Robin to Dr Koshy, Kate Lochy and others, with attached "solid case" for Continuing Care for forwarding.
Identified Care Needs letter for Trevor, signed by two RGNs : "... consider Trevor to meet the criteria for Continuing Care ..."
7th January 2008: letter from Halinka Rands, Bucks CC Finance Dep.: "... we can answer all of your queries and provide you with any relevant documents..."
21st January 2008: letter TASNHS2 from Robin to Amanda Walsh of NHS with above "solid case" (she had not been forwarded the letter above).
2nd February 2008: letter TASMCOL1 from Robin to Mike Colston, Cabinet Member for Adult Social Care. Copies of letters above included.
4th February 2008: letter from Halinka Rands, Bucks CC Finance: (no replies to any of the questions raised) asked SS6 to be completed.
15th February 2008: "secret" visit to see Trevor by Jim Peart of Social Services and Jude Valley of Bucks CC Finance Dept.
8th April 2008: Robin attends Trevor 6 month checkup with Dr Koshy at 1130. Robin receives before 'phone call just before from RGN Maureen Gotora.
10th April 2008: Robin attends Continuing Care re-assessment meeting at Chiltern Court with RGNs Maureen Gotora and Liz Delaney of NHS.
14th April 2008: Robin's "reminder" letter to David Lidington.MP and Cllr Mike Colston.
18th April 2008: detailed discussions on Trevor's case begin with a prominent firm of solicitors including "no win no fee" to cover Judicial Review.
25th April 2008: "Trevor's Story" Press Release published.
4th June 2008: letter from Bucks PCT, refusing Continuing Care, with 30 Decision Support Tool pages. e.g. "Re: Mrs Trevor Sunders"
16th June 2008: appeal letter TASNHS4 from Robin to Amanda Walsh, Maureen Gotara and Janet Fitzgerald, Chief Executive of Bucks PCT.
26th June 2008: Meeting with Kerry Stevens , Head of Service Provision Adult Social Care, Bucks Social Services, at Robin's home.
16th July 2008: Care Needs Assessment by Fidelma Tinneny, RGN. Same conclusion as in 2007 - care needs equal or exceed those of Pamela Coughlan.
5th August 2008: Complaint Letter TAS6 to Rita Lally, Strategic Director Adult Social Care, Buckinghamshire Social Services.
5th August 2008: Meeting at Chiltern Court : Kerry Stevens, Jim Peart, Terry Kensey, Robin Lovelock and Trevor Saunders.
2nd September 2008: Second Complaint Letter TAS7 to Rita Lally, Strategic Director Adult Social Care. "... You did not reply to my questions ..."
9th September 2008: Letter TAS8 to Chris Williams Chief Executive of Buckinghamshire County Council: response to letter from their legal department.
9th September 2008: Trevor gives detailed instructions to solicitors through Robin: to progress appeal with NHS, through to and including Judicial Review.
12th September 2008: initial reply from Chris Williams ..."I am looking into this matter and will write again when I know more about it."
29th September 2008: Trevor catches MRSA at Chiltern Court and is tranferred urgently to Wycome General Hospital.
30th September 2008: Robin speaks with Dr Burn: Trevor "to be given every chance" and is transferred to Intensive Care Unit (ICU).
2nd October 2008: 3 page letter from solicitors to Janet Fitzgerald, Chief Exec. of Bucks PCT. Follows on from Robin's appeal letter of 16th June.
8th October 2008: Trevor recovering well and clear from MRSA infection: moved from ICU to Ward 1a.
8th October 2008: 2 page letter from solicitors to Wycombe Hospital discharge team and Bucks PCT.
14th October 2008: Trevor continues to recover to where he was before 29 September and is probably well enough to leave hospital.
22nd October 2008: NHS re-assessment of Trevor for Continuing Care by Sally O'Hara in Ward 1a at Wycombe Hospital.
27th October 2008: reply from Chris Williams : "… all the questions posed in your letter to me dated 9th September have been answered..."
3rd November 2008: TAS9 to Chris Williams : "...you and your staff continue to evade my questions. ...You may not know of these recent events..."
7th November 2008: Reply to TAS9 by Chris Williams : "...not prepared to continue with this correspondence ..." (complaints procedure enclosed)
12th November 2008: Bucks PCT Review Panel Meeting at Hampden Hall, Aylesbury. Adrian Walker stood down and meeting continued on 27th November.
27th November 2008: Bucks PCT Review Panel Meeting at Hampden Hall, Aylesbury. re-convened from that on 12th November.
3rd December 2008: letter to Bucks CC requesting release of information under Data Protection and Freedom of Information Acts. e.g. internal emails.
9th December 2008: result of PCT Review was a "no", so appeal will proceed through SHA to Judicial Review.
15th December 2008: reply from Data Protection Officer of Bucks CC. Will provide requested information within 40 days allowed by the Act.
13th January 2009: TAS10 to Chris Williams, Chief Executive of Buckinghamshire County Council: LETTER BEFORE COURT PROCEEDINGS.
23rd January 2009: Trevor moved to Larkland House in Berkshire, 100% NHS funded until at least the appeal process is completed ? or BCC funded ?
27th January 2009: visit by Jim Peart of BCC. Trevor immediately asks him to leave and he does. See 5th August 2008
28th January 2009: letter from MrMG, DPO of BCC. "Mr Saunders has requested that the consent to pass his information directly to yourself be rescinded"
5th February 2009. letter TASTAS3 from Trevor "This is untrue. Mr Lovelock is still my Official Representative... I never made such a statement".
11th March 2009: NHS PCT level Review Panel Meeting at Rapid House, High Wycombe: review of 22 October '08 re-assessment by Sally O'Hara.
30th March 2009: "No" letter from NHS PCT level. "... not eligible for NHS Continuing Healthcare."
15th July 2009: NHS Strategic Health Authority (SHA) level Independent Review Panel Meeting in Newbury. More detail is here.
22nd July 2009: "No" letter from NHS SHA Independent Review Panel: upheld "no" decision from PCT level.
25th August 2009: "The SHA is not satisfied that the IRP fully addressed its terms of reference.." Bucks PCT to do a fully retrospective review.
The NHS review and appeal process continues, and preperations are made for Court Actions including seeking advice from Barristers/QCs.
The words below are from the original press release in April 2008 ...
Trevor’s “911” but “…still the old rascal we knew…”
Trevor had a massive stroke on 11th September 2006 – his “911”. Few thought he would survive, but he did. Slowly he recovered to the point that everybody, including friends, family, Social Services and NHS staff, all agree he is capable of making his own decisions. He is – including this press release. He only has the use of one hand, is bed-bound, cannot yet read or write, and still has difficulty finding the right word to say. His friend Robin says “Trevor is still the old rascal we knew, and his short term memory seems excellent: maybe even his long term memory too.”
“life or death” decisions… important facts regarding long term care and the law….
Robin is the person the senior doctors consulted when making early “life or death” decisions about Trevor, and Robin attended the regular checkups by the senior NHS consultant. Sadly, Trevor has been separated from his family for many years, and by many miles. They, like Trevor, have been happy for Robin to deal with “the authorities” as best he can. As it happens, Robin is part of a small campaign group that includes Pam Coughlan – the person referred to in that quote from the Law Society. Their web site provides information to solicitors, families, and those working within NHS, Social Services and Nursing Homes on the important facts regarding long term care and the law.
Trevor needs more care than Pamela Coughlan … so the law demands that the NHS should pay...
Perhaps the most important fact is that: anyone with care needs the same or greater than Pamela Coughlan should be 100% funded by the NHS. They call this “Continuing Care”, and it includes all costs, including accommodation, food, etc – just as anyone would expect going into an NHS hospital for any reason, including to have a baby.
If readers saw the 3 minute video of Pam on www.nhscare,info , they would be suprised that this amazing woman sets the threshold for 100% NHS funding. Most patients in Care Homes are clearly less able and need more care than Pam.
Excellent care in hospital …. then “incompetence and deceit” by Social Services…
Trevor received excellent care in NHS hospitals during the many months following the stroke, until the authorities decided that he was well enough to be discharged into a Nursing Home. What followed, from August 2007 until now, has been a sorry tale of incompetence and deceit – well documented in a thick file of letters and emails.
“wheels grind slowly” within the NHS… obligations under the law to pay for care…
One of the most important documents in Trevor’s file is that sent to the NHS just before Christmas, signed by two qualified RGN (Registered General Nurse) describing Trevor’s “care needs” and comparing them with Pamela Coughlan. But the “wheels grind slowly” within the NHS, particularly when they are being reminded of their obligations under the law to pay for care. However, by mid April, the NHS sent their own staff to re-assess Trevor…….
Social Services “do not recognise Mr Lovelock…”
The majority of letters in Trevor’s file are those exchanged with Buckinghamshire Social Services. According to Trevor’s MP, David Lidington, they “do not recognise Mr Lovelock as the official representative “ (of Trevor). This, despite the signed and witnessed documents in the file, and the fact that NHS involves Robin in far more important “life or death” decisions.
…against Trevor’s well known wishes and best interests… a long way from friends
Social Services have taken this line to justify their many actions against Trevor’s well known wishes and best interests. It is a long list but includes excluding everyone else in the process of discharging Trevor from Amersham Hospital into Chiltern Court Nursing Home – one of the Southern Cross chain. This may be low cost (below £500 per week, compared with nearer twice that for good homes nearer Bracknell, and perhaps £2000 per week for the NHS bed) but it is a long way from Trevor’s friends and where he lived for many years.
One of the best pieces of simple advice to families on Robin’s NHSCare web site is
“not to agree to discharge from hospital until a proper assessment for 100% NHS funding has been done”. For this to be done properly, it simply requires the patient’s care needs to be compared with those of Pamela Coughlan. Those families that have done this have often found that the NHS quickly agreed to the nursing home chosen by the family, and the NHS paid the “market rate” – which is still less than the hospital bed. Sadly, in Trevor’s case, he was moved from hospital into the care home, before an assessment, and was told that “it was temporary”. It is now over 8 months, and he has been invoiced for the cost. Of course, he cannot read their letters.
several hundred thousand people …. funded by the NHS as the law requires …
There are probably several hundred thousand people within nursing homes throughout the UK who are not being funded by the NHS as the law requires. Relevant information is provided on the charity website www.nhscare.info and Robin is one of a small group, including Pamela Coughlan herself, who are campaigning to get the simple facts and advice before the public. Robin’s last TV appearance was on the BBC TV Politics Show, and this small group were the prime source for features such as BBC Panorama "National Homes Swindle".
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