Fully funded NHS health care

Many people, particularly the elderly who are being cared for in nursing home settings should be entitled to the full cost of their care being met by the NHS.

If your needs are primarily of health then the NHS should pay for all of your care. This is the same care that would have been provided in hospital 20 odd years ago, but which today is more likely to be provided in a nursing home setting.  In 1999, this was confirmed in a Court of Appeal judgement involving a tetraplegic lady, Pamela Coughlan who challenged her local health authority in Exeter and won. Locally, the NHS publish ‘eligibility criteria’ setting out in their area, who is and who is not eligible for free care, although there is concern that most if not all of those currently in operation are unlawful and not Coughlan compliant.  Many people should qualify but are being told that they are not eligible as their care needs are social care and as such something which they must pay for.

No one should move into a nursing home setting without checking that they qualify, as many people are not told that they might be eligible or the procedure for reviewing the decision. With care fees costing anything between £450- £1,500 each week, it is vital that residents, their families and carers get advice. The financial loss to them is huge if they just ignore it.

How to find a Lawyer
Solicitors for the Elderly have a number of lawyers who handle such cases. You can locate them by searching on the web site under 'find a lawyer'  and input the area of the country the person in care lives or where you live and the specialism of ' advising on preserving assets from long term care including NHS funded care'. Unfortunately not every area of the country is covered. However you can use a lawyer who is not in your area if you so wish.

If you have trouble finding a lawyer on the web site please phone 0870 067 0282 and we will do our very best to help. The phone line may be very busy due to the volume of calls we receive. If you do not want to hold, please try again later.

If you want to know what it will cost, you will need to ask the lawyer as there are no national charges that apply.

What can you do to help?

It is important to have as many details about the person in care, which relate to their total care needs, such as:
a. Behaviour
b. Cognitive Impairment
c. Communication
d. Mobility
e. Nutrition
f. Continence
g. Skin (including tissue viability)
h. Breathing
i. Drug Therapies and Medication
j. Psychological/Emotional Needs
k. Seizures/Altered States of Consciousness

You will need to have or get records of the date the person went into the home and what their total health care needs were at that time with details as to how and when their health deteriorated. You will also need details of what money was paid for care for the period you wish to claim for.