Its really difficult reading this thread as someone who does these assessments (as a social worker).
there isn't some big conspiracy around who gets it and who doesn't. Any decisions made on that assessment are scrutinised higher up so if it's been put through without enough evidence questions are asked of the nurse assessor.
Evidence is absolutely essential. Everything that is being claimed has to be backed up so the single most important thing you can do before spending £££s on legal advice is check that the care home are writing everything down about any complex care they are providing. If there are e.g difficulty feeding or giving meds they need to be writing it down and recording it in the MAR charts.
Continuing Healthcare is awarded to people who's the nature of their care needs are so complex, unpredictable or intense that their care cannot be provided within the existing structures of social care and the funded nursing contribution that anyone already gets if they have any nursing needs requiring nursing care in a care home.
The vast majority of people's nursing needs can be met by the funded nursing contribution which means the NHS is still fulfilling its duty to provide free at the point of access medical care. CHC comes into play when e.g someone is needing 1:1 nursing care due high falls risks, or challenging presentations, or perhaps needs more than two staff to do hoisting due to high risks of breaks on movement or requiring careful positioning due to contracture stress or again challenging behaviour. If meds aren't routine and require a nurse to make a clinical decision daily about how much to give that would also be above and beyond routine care.
The CHC checklist sets the bar pretty low to ensure that it picks up anyone who may have any nursing needs. The Decision Support Tool though is much much more in depth.
Thats the key really, think about what are the care home, carers etc doing which is 'above and beyond' normal nursing care.