22 Armitage Court, Sunninghill, Ascot, Berks SL5 9TA.
Tel/Fax 01344 620775
Our Ref: HOLYP5.RTF 6 February 2003
www.NHSCare.info (public information)
www.NHSCare.info/EvelynLovelock (need to know)
Marilyn Sayle, Matron, HOLYPORT LODGE Nursing Home.
Holyport, The Green, Holyport, Maidenhead, Berks SL6 2JA
Brian Edwards, Bursar, HOLYPORT LODGE Nursing Home.
Dorothy Leigh, Deputy Matron, HOLYPORT LODGE Nursing Home.
Eve Lovelock's Care file, web sites, others as needed.
Subject: Mrs Evelyn Lovelock and Notes of Holyport Meeting on 22 January 2003
Many Thanks for Brian's three page Note of the meeting, dated 24 January, received here today. I note the heading "Private & Confidential, Not Permitted in the Public Domain" and therefore include my own notes here which are not subject to the same restriction.
As you will know, all relevant letters can be viewed on the web sites above, including those that you received before mother was admitted to Holyport Lodge in November and where we have always maintained that the NHS should pay 100% of your fees.
May I take this opportunity of thanking you and your staff for developments since the meeting on 22 January: in particular the detailed care review meeting within your office on Monday 3 February with you and Dorothy, Deputy Matron : it was a pleasure for my sister Sally Campion and myself to review the medical details of our mother, including diagnosed ailments, medications and your procedures. It gave us great confidence, which had been lacking during her stay in Castle Ward. May I also thank you for your staff protecting our mother from visits by visitors without our approval or presence. As you know, the EPoA registration process has not yet completed, and therefore our mother remains at risk from those seeking access to her to obtain verbal or written statements.
Some of the developments are public on NHSCare.info : e.g. the January TVHA Criteria promised by Sue Moore at the meeting, were supplied to me and were found to be "catastrophically unlawful". There are also discussions in progress with a number of bodies including the police, Ombudsmen, The Audit Commission, local councilors, politicians, and others. However, none of this need directly concern Holyport Lodge: as I said in letter ANJU4 on 19 November, "I see no reason why Holyport Lodge need be affected by this issue: their bills must be paid".
May I remind you of my recent emails, requesting contact details for the relevant senior BUPA staff and their legal department. As you know, I am concerned that they will need sufficient time to aquaint themselves with "Coughlan" and the fact that, under the law, our mother is entitled to 100% funding from the NHS. It would be prudent for them to be fully briefed and prepared should both NHS and Social Services fail to meet all the fees.
Thankyou for the Slough PCT "Application For Free Nursing Care Assessment" form, partially completed by yourself, which I received yesterday for my signature. It is just possible that this form - although intended for a different purpose - could provide the means for the NHS to re-assess mother and conclude that she does qualify for 100% NHS funding. I have spoken with Slough PCT and I understand that Holyport Lodge now comes within Windsor, Ascot and Maidenhead PCT (WAMPCT). I've contacted WAMPCT, and the right person will call me Monday. We will need to clarify what procedures and documents would be used for the new assessment. The TVHA criteria are unlawful, not being compliant with Coughlan, and so these cannot be used. We also need to avoid confusion, since at present Wokingham PCT are responsible for mother's NHS funding.
I anticipate a short covering letter from me, attached to a similar form from WAMPCT signed by yourself and myself on behalf of my mother.
My own notes from the Holyport Meeting of 22 January now follow.
NOTES FROM HOLYPORT MEETING 22 JAN 2003
Wednesday 22 Jan 2003 from 1430 until approx 1545 in Holyport Lodge lounge.
Marilyn Sayle, Matron of Holyport Lodge (BUPA)
Brian Edwards, Bursar of Holyport Lodge (BUPA)
Sue Moore, Service Development Manager at Wokingham PCT (NHS)
Alain Wilkes Wokingham Social Services (WSS)
Val Bray Wokingham Social Services Team Manager (WSS)
Marjorie Ireland, Care Manager, Wokingham Social Services (WSS)
(Reporting is Marjorie-->Val-->Linda Le Boeuf-->Alan Wilkes)
Robin Lovelock, Son and Nearest Relative of Evelyn Lovelock.
Prior to meeting: Robin spent time with mother before lunch, left to eat, then returned to Holyport Lodge shortly before 1400. Marjorie Ireland and Val Bray logged in at 1355 in reception. At 1400 Robin entered Eve's room to find that Marjorie and Val had just entered themselves, accompanied by Dorothy Deputy Matron. They immediately did not wish to stay, saying that they wanted "a quiet word" with Eve, without Robin present. Robin said he was happy for them to remain, if he remained also. They insisted on leaving. He explained that their behavior would be recorded, but they still insisted on leaving if he remained there. Robin then spoke by 'phone to Derek Cole. This topic came up later.
Meeting at 1430 onward: Marilyn opened the meeting by explaining it had been called by Brian (his letter of 8 Jan) since Holyport had concerns on the security of future payments from Social Services.
Each person introduced themselves.
Soon after, Robin tabled the letter HOLYP4 11 January, with its questions and the agenda of the meeting roughly followed the questions below.
1) names, roles and employer of each person at the meeting ?
- already done. After initial complaint by Marjorie, all stated they were direct employees and not contractors (as was Anju Bhatti before Marjorie).
2) what payments have Holyport Lodge received so far from NHS and Social Services ?
Brian: Both NHS and SS have made November and December payments.
3) what payments from NHS and Social Services are expected for the Nov to Jan period ?
Brian: Both NHS and SS are expected to make their January payments.
4) what payments from NHS and Social Services are expected after January ?
NHS and SS expect to continue at the current rate, if the family do not sell the house, but they expect the family to continue paying, as for the first 3 months. SS would (unlawfully) charge the Cataline Close property.
During the discussion on payments, Brian said he knew Robin
had asked Holyport to stop invoicing the family, but did not appreciate
that payments would stop from the family. Robin said he thought
this was clear from letters such as HOLYP3 3rd January:
"Please ensure that future invoicing, after January, for my mother's care is as follows:
Health Authority: £106/week as instructed by Social Services.
Anne Bray, Social Services £489/week + £155/week = £644/week
i.e. invoicing us for my mother's contribution should cease after January. "
5) Have Social Services yet requested 100% NHS funding for my mother's care ?
6) If not, why not ?
Alain: because they believe that they do not need to make that claim.
7) Will Social Services provide Robin a copy of the medical consultants report ?
All confirmed that the medical consultants report was produced by Dr Van Wyk.
WSS undertook to ask permission to release a copy of the report, and two other relevant documents, after asking permission from the authors.
The three reports used for their assessment were:
a) Dr Van Wyks Medical Consultant Report
b) RBB (?) Nursing Report
c) Care Management Report
8) Do Social Services understand that their actions to date have been unlawful ?
Alain: claimed that SS had not been operating unlawfully.
Several points of importance arose: when asked by Robin what was the most important medical ailment Eve had, they replied the Avulitis (lung desease). When asked if they understood that she had Alzheimer's they said that there was no way of knowing while she was alive. All they knew was that she had dementure.
At one point Sue Moore said that Dr Van Wyk was not an expert on conditions such as dementure. Sue appeared to understand Robin's suggestion that Dr Van Wyk may have been "mistaken" in his report, and that this, combined with assessment of the (corrected) medical evidence against their revised assessment criteria, might be a way forward.
Sue Moore said that she now had assessment criteria compliant
with Coughlan and she would send a copy to Robin within days.
Robin thanked her for this, and said Derek Cole would also have
great interest in it. However, she also did say that she thought
Eve would still not qualify for 100% NHS funding. She did appear
to understand that Eve qualified for 100% funding while there
was a dispute in progress.
(Note these January 2003 TVHA Criteria were received and reviewed. See NHSCare.info)
Marilyn mentioned a 1st Nov meeting with Anju Bhatti (WSS) and Robin, in which he was considering alternatives such as 100% family payment for the care, or care contracted through SS. Robin agreed that this was being considered at that time since it was prior to hearing news items which cast doubt on who should pay for care. Robin asked to be provided with any notes available from that meeting, including those made by Anju Bhatti or by Marilyn. Note of 6 February: Robin has not yet received any notes.
The subject was raised of access to Eve by Social Services. Robin mentioned what had happened before the meeting. Both sides strongly disagreed, and simply "agreed to disagree".
Robin requested strongly of Marilyn that nobody other than known friends and relatives be granted access without Robin being present. Robin has visited every day for the past 3 months (other than when he had a cold). The last visitor by SS was by Anju Bhatti, shortly after Eve was admitted, just as the dispute arose, and when Marjorie replaced Anju as the assigned care worker. As yet Marjorie has not visited Eve, other than briefly at 1400 (see above). WSS demand the right to see their client without Robin being present. This issue was not resolved. However, see note earlier, including "...thankyou for ...protecting our mother from visits by visitors without our approval or presence"
Other points that arose through the meeting were:
Enduring Power of Attorney came up: Robin said that this was in progress. Marjorie said that having Alzheimer's would make this difficult.
Marilyn said that their bills (£750pw) must be paid. If they were not, they would need to involve BUPA legal department.
Alain said that lack of payments risked Eve being given 4 weeks notice to leave, but he agreed that, if this happened, it would be after BUPA legal department had looked into it.
Early in the meeting, participants expressed unfamiliarity with the first letter, written after Robin obtained legal advice, ANJU4 19 Nov, and seemed to welcome Robin reading the two page contents of this letter slowly to them (this has always been available from both the net and their files, such as those originally held by Anju Bhatti, or copies from Robin)
Marjorie apologized that WSS were overdue to review the standard of care being given by Holyport. Robin said that no apology was needed since he and his sister had both visited each day, and were extremely happy. Marjorie asked, "at what times ?". Robin replied "randomly".
It was agreed that WSS could have the Care Review meeting at Holyport, next Monday 27th Jan at 3pm (1500) if Robin is present at all times during their time with Eve. They said this was normal to include the family at such meetings. (this was done. A more detailed care review was held by Robin and Sally on 3 February - see earlier. Both reviews concluded that the standard of care provided by Holyport Lodge was excellent)
Both Robin and Brian said they would be preparing their own notes of the meeting which would be made available in due course.
End of Robin's notes of Holyport Lodge 22 January Meeting.
Nothing in this letter modifies or reduces in any way my claim for 'free continuing care' under the Coughlan Case for my mother.
(Son of Evelyn Lovelock and Nearest Relative)