Frances Gibb: Legal Editor
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A dementia sufferer has won a landmark High Court battle to force the NHS to pay her nursing home fees.
Hilda Atkinson’s family wanted health chiefs to recognise that she needed 24-hour nursing care, free on the NHS, rather than “social care”, for which local authorities can charge.
Mrs Atkinson, 94, with the backing of her daughter, finally won her case against Plymouth Teaching Primary Care Trust. In a settlement approved by Mr Justice Wilkie, the trust agreed to pay £43,000 to cover nursing care between 2004 and July this year, and to pay future nursing home fees.
Mrs Atkinson – whose other ailments were Parkinson’s disease, angina, osteoporosis and deafness – left her home in 1998 after her husband died. By August 2000 her family, of Downderry, Cornwall, could not care for her any more. She has lived at Consort Village Care Centre in Plymouth since November 2002.
Many people have had to use savings or equity in their homes to finance social care. Nicola Martin, a solicitor with Hugh James, which has 400 similar cases,said: “This case has implications for hundreds of people throughout England and Wales. The issue is to do with whether someone is paying nursing fees because of a health need.”
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where can i find more information on this judgement please?
Jon, bath, Somerset
Far too late we learned that when our mother, who is suffering with Alzheimers disease, went into her extremely nice Care Home we should have encouraged her during the first two weeks when she said things like "I don't like it here" and " I am going to run away home" instead of trying to support her settling in. If she HAD run away she would have been deemed to require 24 hour care and would have received Continuing Care Funding immediately instead of having to sell her house and paying for her own care.
David Johnston, Northampton,
Part 2
An integrated system of the sort outlined in Part One would allow a fair charging regime up to real cost or limits of patients' income. The patients' property equity and capital wealth would be substantially maintained and willed to descendants.
Such a system would end the present scurrilous practice of local authorities using supermarket purchasing power techniques to place non payers cheaply in care homes, thus leaving forced home sellers to pick up additional costs through politely termed "top up" fees.
Finally, preservation of capital among the elderly would encourage prudent families to continue to save in knowledge that means to pay university fees and home deposits for future generations will remain in place.
steven fieldfare, cirencester, UK
In June 2006 I won a retrospective appeal for care fees on behalf of my mother Daisy Pugh, against Carmarthen Local Health Board (CLHB) from Oct 2002-Jun 2006. In pursuing the case the journey was littered with incompetence, wilful abuse of power, rude, ill-informed and inadequately trained staff, deviousness and arrogant disregard for procedures and legalities and reluctance to answer letters. We are an intelligent, articulate family but still found the battle difficult. I was advised by the Welsh Assembly to take my complaint against CLHB's behaviour to the Public Services Ombudsman Wales who chose not to pursue the case. His initial reason being my complaint was satisfied by the win. Even he does not know that cases are win on the primary health need of the person concerned and not an appeasement by the LHB for how badly they had behaved. And, finally, my experience has also highlighted the fact that there does not appear to be any public accountability in Wales
susan davies, stratford upon avon,
Re. the NHS and the patients wishes: Lasting Power of Attorney - a warning. Families and friends helping those in or out of hospital at the moment, who require NHS care, or will need to rely on NHS care after leaving hospital, please take into account that even once the Lasting Power of Attorney forms are lodged with the Public Guardianship office, the PGO have a minimum delay of 4-8 weeks processing the applications.
This delay is most frustrating for the patient and/or their friends and family.
It is advisable to take a long term view and discuss the benefits now of organising a power of attorney, so that all transitions are as smoothe as possible.
Nicola Matheson-Durrant
Founder of the Family Law clinic
www.familylawclinic.co.uk
Nicola Matheson-Durrant, Ascot, Berkshire, UK
My aunt was put in nursing home by Surrey Counsil health care. She owns part of the property myself and my husband live in. She is nearly blind, has no mental capacity, cannot feed or dress herself. Is double incontinent and cannot walk. She is 90 and has been paying for residential care for 18 months. Now Epsom care team are trying to force me to sign a deferred payment on the house without giving me definite charges involved. I have cared for her for over 10 years and am now aged 57, my husband is 69. I offered to pay the extra charges above her pension but they say that would increase her payments from £449 per week to around £600. If someone needs a nursing home and not residential care surely that proves "social care" is not the case. If she dies and I have signed the deferred payment I hae to repay the entire amount or they start putting weekly interest on the amount owed. She has paid around £30,000 surely that is enough!
L West, Epsom, surrey
I have fought my guts out for the past three and a half years to obtain funding for my 80 year old father who has had Alzheimer's Disease for 15 years. After 5 reviews at the PCT and two upheld complaints by the Ombudsman I finally managed to get the PCT to obey the law and they have agreed to fund my father's entire stay at his hursing home until he is reviewed and found to be ineligible (unlikely).
I did not use lawyers - they cost too much and unless you end up in court you will not get their fees back.
I am now making a complaint against Social Services involvement as I believe they were intentionally accting outside of governance arrangements.
Keep going everyone - you will all win, but it may take some time and a lot of patience!
Cordelia Thompson
Cordelia Thompson, Babcary, Somerset
Similarly my 92 year old father also suffers with Parkinson's disease and heart problems and is now in a Care Home.
The council has provided part of the cost but only for the initial twelve week period, which comes to an end this Friday 23rd November, thereafter he is to fund the remaining time he is in care.
The family now have to sell his house, when the funds are depleted The Council will then finance his care package.
There must be a better way to look after our ageing population.
Terry Lucas, Southampton
Terrey Lucas, Southampton, Hampshire