Nov 2005

Free Nursing Care Survey

Thousands of people may still be missing out on their entitlement to free nursing care under the NHS despite a ruling in 1999 which clarified the law,

WRITES ROBERT CAMPBELL, PRINCIPAL OF SPECIALIST SOLICITORS, ROBERT CAMPBELL & ASSOCS:

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 case 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.

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 intend setting up a scheme to assist those people, possibly on a "no win – no fee" basis.

The denial of the right to free nursing 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.

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 to take part in our survey, or call us on 08702412139 to register for a survey form.

We will run the survey until the New Year when the results will be collated and a decision taken how to proceed."

Date of release: 15 November 2005

ENDS