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Free Nursing Care Assessment – Capped Fee Scheme

We have had an extremely strong response to this campaign and have concluded all preliminary assessments requested thus far.

Over 90 per cent of the assessments carried out have resulted in a conclusion that the need for care is almost certainly primarily a health need and, on the face of it therefore, the patient concerned should have been receiving Continuing Care on the NHS but was not.

All assessments were instigated by patients’ families who were concerned that family assets, some running into several hundreds of thousands of pounds, were being unlawfully taken and inheritances were disappearing.

In general families in these situations could not afford significant legal fees in order to redress this situation so we have set up a "Know your Exposure" Capped Fee Scheme designed to assist them.

The Scheme

This scheme is as follows:

For a fee of £595 plus VAT we will:

• Consider the lawfulness of the NHS Trust’s guidelines and/or the Continuing Care Assessment process adopted.
• Advise you how we consider you/your relative should best proceed to obtain free nursing care if we conclude they should be entitled to it.
• Advise what further evidence might be required to support the claim.
• Write a formal Letter Before Action to the authority concerned demanding they fulfil their statutory responsibilities and, if this does not result in a successful conclusion
• Consider taking action through the Courts possibly on a no win no fee or other basis.

Our contractual limit will be 4 hours but we shall endeavour to complete the work if additional time is required, non-contractually (i.e. at our discretion.)

What we need from you to proceed:

If you would like us to proceed on a capped fee basis you will have to send us:

1. Confirmation by e-mail.
2. The full names, addresses and telephone numbers of yourself and any other family members for whom we will be acting.
3. A cheque for the fixed fee of £595 plus VAT (£699.13)
4. A bundle containing copies of any:

• ·         Relevant correspondence.
• ·         Medical reports and assessment documentation.
• ·         (If relevant) The local NHS Trust’s Continuing Care guidelines.

Please post these to:

Robert Campbell & Company.
Greenhills
Winsham
Braunton
EX33 2LX

If the service does not result in a satisfactory decision consideration would have to be given as to whether proceedings for Judicial Review may be taken on behalf of your relative. This gives rise to a further series of issues around capacity to instruct us (if the patient lacks mental capacity and in the absence of a registered Enduring Power of Attorney or Lasting Power of Attorney, a Court of Protection application would have to be made).

Unless and until such time as we may be validly instructed to act for a patient we act for the family members who instruct us.

If you are interested in using this service please respond by e-mail and we will send you our "Client Care" pack containing full details of our terms before proceeding further and accepting a retainer.

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