GUERNSEY’S Social Security Department hopes to recover more than £600,000 it has paid out in care fees to help a severely injured man.
Former Commonwealth Games team cyclist Manny Helmot, 39 (pictured), spent six months in a UK hospital after he was hit by a car while riding in Braye Road on a November evening in 1998.
His guardians, mother Rose Helmot and Ken Jordan, are making an £18m. personal injury claim on his behalf in the Royal Court against the driver of the car, Dylan Simon, insurance company Tradex and its re-insurers. Mr Simon has played no active part in proceedings.
Giving evidence yesterday, Social Security chief officer Malcolm Nutley told the court how the department had been reimbursed for £366,000 in care fees but £616,000 was still outstanding.
Mr Nutley said he had been involved in Mr Helmot’s case since he was advised that he had reached the rehabilitation stage in the UK and was being brought back to Guernsey. His needs meant local care homes were not appropriate for him and it had been decided he would be looked after at home.
‘The question was whether the Social Security Authority [its name at the time] was prepared to finance the carers and the understanding was that payment would become part of any action,’ said Mr Nutley.
He said the five board members approved the agreement. In the event of any claim being unsuccessful, the department would not seek reimbursement from Mr Helmot or his family.
Until July 2002, Private Home Care looked after Mr Helmot but that relationship broke down. Mr Nutley said he had had concerns over some of the fees but the insurers, at that time, were making regular payments to the authority.
On one occasion the company wanted to increase the hourly rate for carers from £10 to £15.
Mr Nutley said negotiations had been difficult because there was the need to keep care in place.
When Mrs Helmot started to provide care herself, in coordination with Anita Bourgaize, the rates came down. Two Latvian women eventually took over from Ms Bourgaize and when they did, the number of hours worked rose.
For the defendant, Advocate Andrew Ayres asked Mr Nutley if he was aware that one of the women spent four hours per day, six days a week cleaning.
For the plaintiff, Advocate Gordon Dawes said the questioning was unfair because whether she was cleaning or not, the woman was still part of the care package.
Mr Nutley knew the Latvian women were non-professional carers but he said they were part of a labour force that was put together to serve Mr Helmot’s needs.
‘I didn’t know precisely what they did,’ he said.
Advocate Ayres asked if Mr Nutley was aware that Mrs Helmot had been paying herself a wage of £2,430 every four weeks.
Advocate Dawes said Mrs Helmot had received a working wage to enable her to carry on.
In November 2006, Team Medical became involved in Mr Helmot’s care.
Mr Nutley said he was not aware that one member of staff commuted weekly to Guernsey from Newcastle and that a total of £15,000 had been paid out in three years for taxi fares and car rentals.
When concerns over cost arose, Mr Nutley said he had raised them.
Advocate Dawes said his client’s family wished to thank publicly the department for its support and that the situation would otherwise have been very difficult.
The case continues.
Article posted on 3rd November, 2009 - 2.29pm
Most Commented: