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The Uk's Healthcare Law Service
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June 2011
£270,000 + restitution
We are delighted to announce that after a lengthy and difficult battle, we have received an offer of restitution of Care home fees from the relevant Primary NHS Care Trust of over £270,000, the highest award we have ever achieved. We were initially instructed by the patient’s receiver (a person appointed by the Court of Protection to look after someone’s affairs – now called "Deputy") Colin Gardner who took his appointment very seriously and was not prepared to see his client effectively robbed of tens of thousands of pounds even although the client’s cognition was impaired so he probably wasn’t even aware of the injustice being done to him.
Nevertheless Colin felt he had a professional obligation to ensure his client received the financial support to which he was legally entitled so he instructed us to take the matter up.
Whilst the offer includes interest at the 8% we stipulated, there may still be some negotiation ahead as we valued the claim at a higher figure and this needs to be investigated.
However, the offer itself represents a very significant victory and will serve as a major shot in the arm for all those battling with the NHS "machine" and feeling there is no hope. The message is – "don’t ever give up" that’s what they are relying on!
Our admiration goes out to Colin Gardner...
If you believe our service may be of value to you, even where the person concerned has not actually gone into care yet click here and complete our FREE online assessment and we will tell you (very candidly) what we think.
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