NHS won't pay for North Somerset Alzheimer's patient's care
An elderly Alzheimer's sufferer from North Somerset has failed to get the NHS to cover tens of thousands of pounds she paid to be cared for in a nursing home.
Joan Green's lawyers argued – in a landmark case at London's High Court – she should have been funded by the South West Strategic Health Authority (SWSHA) for 30 months between 2003 and 2006.
Mrs Green, 78, moved into the Wilfred Leonard Care Home in Congresbury in January 2005.
Her barrister, Robert Weir said she was so ill her care should have been free on the NHS.
He argued the SWSHA applied "unlawful" criteria when assessing whether Mrs Green needed primary health care, which is free to all on the NHS, or social care, which is means tested.
Mr Weir told Mr Justice Wyn Williams the health authority relied on guidelines published by its predecessor – which were later undermined because they did not properly reflect two crucial legal authorities and further guidance from the Department of Health.
He asked the judge to overturn a decision on the case made in April 2007.
But Mr Justice Wyn Williams rejected Mrs Green's case following a day-long hearing in a judicial review challenge.
The decision means Mrs Green will not be able to reclaim money she has spent on her care.
The judge said the SWSHA published supplementary guidance and he was left with the clear impression that its reviewing panel consciously and conscientiously applied the correct test to Mrs Green's case.
"The South West Strategic Health Authority recognises that the eligibility criteria for funding of continuing care is an important aspect for many patients who require this sort of ongoing care," said the authority said.
"We seek to ensure that in all cases the eligibility criteria is applied fairly, and in accordance with current law and guidance.
"We are therefore pleased with the Court's adjudication of this case which confirms that the Strategic Health Authority's policy and procedures in assessing a patient's eligibility for continuing care is sound in all respects."
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by stephen, Okehampton, Devon
Sunday, November 16 2008, 2:57PM
“Lorraine - and many others - seem to think that it is OK to discriminate against frail sick and elderly patients requiring long term care reflecting the Governments attitude 'if they can pay then they shall pay' But that spells the destruction of the NHS - On that argument every visit to a GP. blood test, X-rays,scans, all surgery. every bandage and sticking plaster would be subject to a NHS charge on those who can afford it! No - the NHS must be 'free' to all: either no one pays or everybody pays. There's no room for discrimination!”
by Stephen Squires, Okehampton, Devon
Sunday, November 16 2008, 2:43PM
“LONG TERM CARE - BRITAINS BIGGEST RIP-OFF!!
If you or your relative has been forced to pay for long term care I can help you to get all your money back - plus interest. I act as a pro bono consultant and advocate for over 300 claimants throughout the UK and have never given up on a case! The NHS, social services, the Ombudsman and the Healthcare Commission are conspiring together to force sick and disabled British Citizens to pay for their own care which the Health Act say's should be free at the point of need. If you hold an EPoA or LPA then refuse to pay or you will be 'party to a conspiracy to defraud' DO NOT submit to a 'means test' or have anything to do with social services! The law says that you cannot be forced to provide information for an unlawful purpose. DO NOT agree to or sign ANYTHING. See 'nhscare.info' for more information also 'freenursingcareinformation'”
by michael, hertfordshire
Monday, November 03 2008, 12:28PM
“why should she have her money back for staying in this care home my mother in law never did and she was in the same state of health as this lady was
and if she has savings then she should use them to pay for her keep
lorraine, bristol uk
commented
@ Lorraine
Sorry but you are wrong,
You say that your mother in-law was in the same state of health, that being the case she also would have been entitled to continuing care free at the point of need,
If your mother in-law is no longer with us, my condolences to you and her family,
Lorraine it is still possible for you or her family to claim back care/nursing home fees paid by the family, if it was within the last 5 years please check out Nhscare.info also check out this gentleman¿s name Stephen Squires he has posted below my first post Stephen Squires is an expert in this field
Mr. Squires assisted me and many more in our claim for my mother, continuing care was granted September 2008. We won our case by applying the law; the law dose work both ways, Mrs. Green¿s case is a shambles a diabolical injustice and will be overturned in the high courts of appeal
I.M.H.O the judge in this case has misinterpreted the whole coughlan judgment this will be amended in the high courts of appeal or the European high court for human rights
Regards
Michael”
by Steve Squires, Okehampton, Devon
Saturday, November 01 2008, 7:18PM
“To clarify my earlier post, it's not that the 'eligibility criteria' are unlawful but it is the imposition of ANY eligibility criteria that is unlawful. Note too that we do NOT have a free health service - elderly care home patients have paid for it through a lifetimes taxation - and the NHS use every trick to force them to pay for it again. Every resident British citizen with an illness or disability is entitled to NHS care 'free at the point of need' and If anyone tries to make you pay just say NO! Take what is rightfully yours! See freenursingcareinformation”
by michael, herts
Friday, October 31 2008, 11:20PM
“¿eligibility criteria¿ (unlawful because the 1946/8 Health Act does not permit the application of any ¿criteria¿ to determine who is or is not entitled to NHS care ¿free at the point of need¿) Furthermore the NHS themselves confirm that although modified by later acts the core principles remain intact: They say they hold "a continuing commitment to the founding principles of the NHS which can be summed up as: The provision of quality care that: Meets the needs of every British citizen Is free at the point of need and is based on a patient's clinical need not their ability to pay" read the nhs core princibles for verification. Also visit nhscare.info
The judgment in Mrs. Green¿s case has not established weather she has or has not a Health need it has only established that criteria was applied correctly thus denied judgement
(BUT THE ELIGIBILITY CRITERIA IS AND REMAINS UNLAWFULL)
The 1946/8 health act has not and will not be repealed no matter how they amend or word it the core principles remain the same (free health care at the point of need)
Quite rightly said by Mr Stephen Johnson of bridge end, be very wary of the N.H.S and social services local authorities, they will strip you bare of all your assets (UNLAWFULLY)
BTW, @jean don¿t worry about the N,H,S having to fork out on claims, worry about yourself they will come your way one day and strip you bare, wonder if you¿d say the same then??
Jean, people do not go into care homes or nursing homes voluntarily most are forced into these homes against their will especially if they own their own home or have substantial savings they are then systematically robbed of their wealth
The judgement in Mrs greens case, Will be overturned in the high courts of appeal¿s as has been the case in the past”