We’re getting reports from care providers that they’re increasingly being asked to provide paperwork to health boards and families contesting claims for Continuing Health Care (CHC).

In some cases they’re being asked case files dating back many years and this is proving time consuming. The legal advice is summarised below but in general the advice is:

• Find out who is asking for the documents (ask for proof .e.g solicitor’s name) – and if they should pay a fee. If so, you’re entitled to ask for this up front.

CHC claims – should you supply documentation?

•    A living (and mentally competent) service user, or his/her person with legal power of attorney / solicitor / personal representatives (if deceased): can usually have copies of the records without checking much further who they are or why they want the documents.

•    Other people, including health boards, can only have copies if they can establish a right of access. The most obvious would be that the service user is/was cared for by care home X under a contract which entitles (or entitled at the time, and there is a clause requiring documents to be kept) the health board to have access to documents.

•    Children of deceased service users don’t necessarily have the right to copies if they are not the personal representatives (executors etc) of the deceased. If they are the beneficiaries of the estate i.e. they would have got more money if the service user had been entitled to CHC, then they probably have the right. However, the care home is best off asking for proof e.g. from the solicitor handling the Will.

•    The issue of a fee depends whether the disclosure is under the DPA (living service users: max £50, but less if held on computer) or under the AHRA (deceased service users or those with different rights to view/copy: potentially no maximum fee, but provider must not make a profit).

•    You are always entitled to ask for fee to be paid up front.