The "NHS National Swindle" Affects Kent

14 March 2006

Many people, particularly the elderly who are being cared for in nursing home settings should be entitled to the full cost of their care being met by the NHS. On Sunday (March 5), in ‘The NHS National Home Swindle’, the BBC current affairs programme, Panorama highlighted the injustice in the current system.

Kent lawyer Simon Wolfe of Furley Page, which is associated to Solicitors for the Elderly - a national association of specialist lawyers advising older people, said: ”We know of several cases where the law is being wrongfully applied and we are in the process of reviews and appeals for those clients. The final procedure is to appeal to the NHS Ombudsman or through the court – but this can take years, and, in the meantime, the elderly person being cared for often has sold their house to fund their own care. Sometimes they have died.”

Under the current system, if your needs are primarily of health then the NHS should pay for all of your care. This is the same care that would have been provided in hospital 20 odd years ago, but which today is more likely to be provided in a nursing home setting. In 1999, this was confirmed in a Court of Appeal judgement involving a tetraplegic lady, Pamela Coughlan who challenged her local health authority in Exeter and won.

Mr Wolfe said: “Locally, the NHS publish ‘eligibility criteria’ setting out in their area, who is and who is not eligible for free care, although there is concern that most if not all of those currently in operation are unlawful and not Coughlan compliant. Many people should qualify but are being told that they are not eligible as their care needs are social care and as such something which they must pay for.”

The Panorama programme interviewed a number of people, whose relatives had been turned down for funding despite having care needs similar or more than Pamela Coughlan’ s. Pamela Coughlan who was interviewed said: “There’s been a huge fraud and wrong- going on for years.”

Mr Wolfe added: “No one should move into a nursing home setting without checking that they qualify, as many people are not told that they might be eligible or the procedure for reviewing the decision. With care fees costing anything between £450- £1,500 each week, it is vital that residents, their families and carers get advice. The financial loss to them is huge if they just ignore it.”

For more information contact  Simon Wolfe.
 

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