In 1999 the Coughlan case gave rise to the assertion that those whose principal need was for nursing care should receive that free under the NHS.

Following Coughlan directions were issued for Health Trusts to review their criteria for accepting patients under the NHS, whether in private nursing homes or otherwise, and to ensure they were not applying these too narrowly. The Trusts were told to go back and review the cases that they had considered and refused previously to ensure they had done the job properly.

I wrote an article on Coughlan some time ago following which I received a stream of emails from people whose relatives were caught up in a battle over NHS funding.

Despite the directions from on high, the Health Services Ombudsman reported in December 2004 that she was dealing with some 4000 complaints from people who felt they or a relative ought to have been given free nursing care but had been refused. In June 2007 the Department of Health issued The National Framework for NHS Continuing Healthcare and NHS-funded nursing care which re-emphasises the primary need approach and seeks to remove the post code lottery which has existed. See our news article regarding this here

We are trying to ascertain whether there remain a large number of people who have still wrongly been refused their entitlement to free nursing care. If there is sufficient interest we have set up a scheme to assist those people.   More Here..

The denial of the continuing NHS funded care can result in assets, often scrimped and saved for over a lifetime of endeavour, being wrongly appropriated by the state to the detriment of the patients themselves and, of course, the families who have ‘supported’ them.

In it’s evidence to the Commons Select Committee into NHS Continuing Care (an extract from which Is here) The Law Society said:
"The judgement in Coughlan clearly establishes that, where a person’s primary need is for health care, and that is why they are placed in nursing home accommodation, the NHS is responsible for the full cost of the package."

ARE YOU OR DO YOU KNOW OF ANYONE WHOSE PRINCIPAL NEED FOR CARE HAS BEEN NURSING BUT WHO HAS HAD TO PAY FOR THIS HIM/HERSELF?

If so, click here for a free preliminary assessment. Whatever the outcome, this will place you under absolutely NO OBLIGATION afterwards.

We will conduct the assessment and revert to you with the result as soon as possible.

 

Carelaw.co.uk	Related Links:
	Carelaw:- News; Specialist solicitors launche FREE NURSING CARE capped fee scheme
	Carelaw:- Press releases- Court Clarifies Right to Free Nursing Care
	Carelaw:- Panorama Covers the Free Nursing Care Scandal
	Carelaw:- FREE NURSING CARE ASSESSMENT
Go straight to the "Free nursing care" Preliminary Assessment Form Here

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