Retrospective Care Home Fee Recovery
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Care Home Fee Recovery Lawyers for Reclaiming Care Costs
After a loved one’s passing, you may discover they were paying for care home fees that should have been covered by the NHS or local authority. These situations often occur due to incorrect or incomplete assessments of their eligibility and funding, including NHS Continuing Healthcare (CHC) or local authority support. If the proper assessments weren’t completed correctly (or at all), you may be able to reclaim some or all of these care costs on a retrospective basis.
Losing a loved one is an emotional and challenging time, and dealing with financial stress can only make things worse. If you suspect they were wrongly paying care fees during their lifetime, you have the grounds to challenge those payments and potentially recover the costs.
Challenging care fees can be a complex process, especially when it involves reviewing past assessments and decisions. With a comprehensive understanding of care funding legislation, we will thoroughly review your loved one’s circumstances to determine if reimbursement is viable.
We will support you through this process with compassion, understanding and the legal expertise you need during this difficult time.
Reclaiming The Cost of Care
There are several critical factors to consider if you’re exploring the possibility of reclaiming care fees. These include:
Eligibility for CHC: If your loved one had significant health needs, they might have been eligible for CHC, which would have covered all care costs. You may have grounds for a claim if this assessment was completed incorrectly.
Local authority assessments: The local authority is responsible for assessing a person’s ability to pay for their care. If this assessment was incorrect or didn’t consider all relevant factors, you might be able to recover fees that were wrongfully paid.
Time limits: It’s crucial to be aware of the time limits for making a retrospective claim. The earlier you seek legal advice, the better the chances of successfully recovering funds.
How We Can Help…
We understand that dealing with legal matters after a bereavement can be stressful, and concerns about costs can add to that stress. That’s why we’re committed to providing a compassionate and empathetic service, offering transparency at each step.
We take a meticulous approach to reviewing your case. We will:
Conduct a comprehensive interview: We start by thoroughly reviewing the circumstances surrounding the care fees paid, including medical records, care assessments and financial documentation.
Assess the claim viability: Based on our review, we will advise you on the likelihood of success and whether it is worth pursuing a claim.
Guide you through the process: Should you decide to proceed, we will guide you through every step of the process, ensuring your case is presented effectively and all necessary documentation is submitted correctly.
Pursue the recovery of fees: If we identify fees have been wrongly paid, we will work tirelessly to recover those costs on your behalf, providing regular updates and transparent communication throughout.
Our services for reclaiming care fees are charged at an hourly rate, and we will provide you with a clear estimate of costs before proceeding. We aim to offer you the best possible service at a fair and reasonable cost, ensuring you receive value for your investment.
Frequently Asked Questions about Retrospective Care Fee Claims
+ What Is a Retrospective Care Fees Claim?
A retrospective care fees claim is a legal request to recover care home fees that were wrongly paid by someone during their lifetime. These claims often arise after a person’s death, when families discover that their loved one may have been eligible for NHS Continuing Healthcare or should have received greater local authority support but were never properly assessed.
At Farnworth Rose, our experienced Care Home Fee Recovery Solicitors provide trusted Care Home Fees Recovery services to help you challenge these historic funding failures. We’ll guide you through Reclaiming Care Fees with compassion, legal clarity, and a commitment to securing what is rightfully owed to your loved one’s estate.
+ How Do I Know If I Can Reclaim Care Fees?
You may be eligible to reclaim care fees if your loved one had significant health needs that were never assessed for NHS Continuing Healthcare or if a local authority made an incorrect financial assessment that led to unnecessary payments.
Our team will carry out a full review of your loved one’s care, medical records, and funding history. With extensive experience in Care Home Fees Recovery, we identify where eligibility may have been overlooked and whether incorrect charges were made. If we find grounds for a claim, we’ll act on your behalf to begin Reclaiming Care Fees in a timely and structured manner.
+ Is It Too Late to Start a Retrospective Care Fees Recovery Claim?
Time limits do apply to Care Home Fees Recovery claims, but you may still be within your rights to challenge past payments. For most retrospective NHS Continuing Healthcare claims, deadlines depend on when the care was received and whether a complaint was made during the person's lifetime. Local authority challenges may follow different rules.
If you're unsure whether you're out of time, it’s best to seek immediate advice. Our Care Home Fee Recovery Solicitors will review the dates, funding history and circumstances and give you honest guidance on whether a claim is still viable. If it is, we’ll support you in Reclaiming Care Fees with compassion and efficiency, ensuring no opportunity is missed to secure what’s rightfully due to your loved one’s estate.
+ What Evidence Do I Need to Support a Retrospective Care Fees Claim?
A successful Care Home Fees Recovery claim relies on strong supporting evidence. This typically includes detailed care records, medical notes, financial assessments and correspondence with local authorities or the NHS. You’ll need to demonstrate that your loved one’s care needs were primarily health-related or that the funding assessments were incorrect or incomplete.
We understand this can feel overwhelming, especially during bereavement. That’s why our Care Home Fee Recovery Solicitors take on the burden of gathering and analysing the evidence for you. We liaise with GPs, care homes, and clinical commissioning groups to build the strongest possible case for Reclaiming Care Fees, ensuring you have the best chance of recovering what was unfairly paid.
+ Will I Need to Go to Court to Reclaim Care Fees?
In most cases, no. The process of Care Home Fees Recovery is typically handled through structured review procedures with the NHS or local authority rather than court proceedings. However, if your claim is rejected and we believe that decision was unlawful or procedurally flawed, a legal challenge such as a judicial review may be necessary.
Our role is to avoid conflict wherever possible and resolve claims through careful case preparation and persuasive negotiation. As experienced Care Home Fee Recovery Solicitors, we will guide you through each stage of the process, from initial review to final resolution, while giving you clear advice about your options, likely outcomes, and potential costs involved in Reclaiming Care Fees.
+ What Happens to the Money If the Claim Is Successful?
If your Care Home Fees Recovery claim is successful, the recovered funds will usually be paid into your loved one’s estate. This money then becomes part of the estate’s assets and is distributed according to the terms of their will, if no will exists, under the rules of intestacy.
We can also support you with probate, estate administration, or trust advice to ensure everything is handled properly. At Farnworth Rose, we provide a joined-up service that covers both Reclaiming Care Fees and managing any associated legal and financial processes, giving you peace of mind from start to finish.
Meet the Team
Contact Us Today
If you believe care home fees were wrongly paid by a loved one, you may be entitled to recover those costs but it’s important to act with the right legal guidance. Whether you're challenging a past NHS Continuing Healthcare (CHC) decision or suspect the local authority failed to carry out a proper assessment, our expert solicitors are here to help you seek justice with care and clarity.
Our experienced Care Home Fee Recovery Solicitors in Lancashire are based in Nelson, near Burnley. We offer clear, compassionate advice to families who believe their loved one was unfairly charged for care and we’ll guide you through the process of making a retrospective claim with confidence and respect.
With over 35 years of experience, Farnworth Rose is trusted by families across England and Wales to handle complex care funding disputes. We’ll investigate the circumstances of the original decision, review assessments, manage appeals and challenge unjust payments, fighting to ensure your loved one’s estate is treated fairly and lawfully.
As a full-service firm of Solicitors in Burnley & Nelson, we can also assist with wider issues such as probate, estate administration, trusts and asset protection, giving you joined-up legal support through what is often a very emotional time.
We’re award-winning at what we do. Our elderly care solicitors are known across the Northwest for their professionalism, attention to detail and ability to deliver positive outcomes with empathy. Our proven track record makes us the right choice for Care Home Fee Recovery Solicitors in Preston. We regularly assist clients in Manchester, Blackburn, Rochdale and Bolton, as well as across the Pennines in Leeds, Sheffield, Huddersfield, Skipton, Keighley and beyond.
Wherever you are in England or Wales, we’re ready to provide expert, cost-effective legal advice to help you challenge unfair care costs and recover what’s rightfully yours.
To speak with one of our specialist Care Home Fee Recovery Solicitors at Farnworth Rose, call us now on 01282 695 400 or complete the form below, and we’ll be in touch.
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