Coughlan report

Jon

Registered User
Jun 10, 2003
1
Cheltenham
Has anybody heard of this report? Basically, the dept of health guidelines were revised in 2001 to reflect the Court of Appeal's descision in R v North and East Devon Health Authority, ex parte Coughlan, which held that the NHS must fund the placement of a person whose primary need is healthcare.
My mother who has dementia has been in a nursing home since 1997. She has been assessed at the medium level for NHS funding for her Alzheimer's.
I am trying to find out whether I could make a claim for her having to sell her property to fund her nursing home fees on this level of care. I have read that if there is a case to answer, then it is best to use solicitors who employ a 'no win, no fee' policy.
Is there anyone out there who can advise me?
I would especially be interested in anyone living in the Cheltenham/Gloucester area who can recommend a suitable solicitor who has/is dealing with this type of case.
 

Meldrew

Registered User
Apr 28, 2003
53
London
Hello Jon - yes, here's a link to a website with the full Coughlan report (if you feel like ploughing through the whole thing)
http://www.bailii.org/ew/cases/EWCA/Civ/1999/1871.html

However, before you do anything else (hiring a solicitor, etc.) my suggestion is that you have a look at the Health Ombudsman website where there are a couple of forms you need to download, complete and send to the Ombudsman office - they will (impartially) advise you whether or not they think you might have a case. If they think you have a case, the Ombudsman will take it up on your behalf: http://www.ombudsman.org.uk
.. on the left of the main page is a list. Click on
'Health Service Ombudsman - Special report - NHS funding for long term care of older and disabled people' - this takes you to a page which explains about the recent decisions by the Health Ombudsman that people had been wrongly charged for their care. You'll see a sentence saying 'If you have a complaint about continuing care, please complete our form and the supplementary form specifically for continuing care cases' - click on 'form' and on 'supplementary form' as you need to download and complete both.

Hope that's useful.
 

Kate Speed

Registered User
Dec 1, 2005
1
Norfolk
Jon said:
Has anybody heard of this report? Basically, the dept of health guidelines were revised in 2001 to reflect the Court of Appeal's descision in R v North and East Devon Health Authority, ex parte Coughlan, which held that the NHS must fund the placement of a person whose primary need is healthcare.
My mother who has dementia has been in a nursing home since 1997. She has been assessed at the medium level for NHS funding for her Alzheimer's.
I am trying to find out whether I could make a claim for her having to sell her property to fund her nursing home fees on this level of care. I have read that if there is a case to answer, then it is best to use solicitors who employ a 'no win, no fee' policy.
Is there anyone out there who can advise me?
I would especially be interested in anyone living in the Cheltenham/Gloucester area who can recommend a suitable solicitor who has/is dealing with this type of case.

Jon Can help: What can happen is that you can apply for restitution of nursing
home care from 1996. You cannot apply for refund of price of selling house as such, and certainly not for present market value. Can help with Restitution claim i.e. back nursing home costs etc. as your mother paid for care home fees. Coughlan - read judgement: mainly to do with contractual elelment between "coughlan" and local SHA but most Criteria for funding for NHS continuing Care is now Coughlan Compliant in the sense of the contractual element but as you probably know "ring fenced" by pretty stiff criteria. Ombudsmans Report into Long term Care Feb 2003 clarifies this. please get in touch - don't need solicitor.
 
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EllieS

Registered User
Aug 23, 2005
170
SOMERSET
Amazing!

This site is such a wonderful place.

I've often wondered about asking for any experiences you may have with regard to claims for Nursing Home fees to be paid for.

I'm currently in the throes (with the help of a Solicitor) of getting Mum's share of a property valued by the Council with reference to her available capital
(it was in joint names, but when Dad died his share was left to my brother and me), based upon the fact that the co-owners (me & my brother) do not want to sell or rent the property. General idea is that if put onto the market based on this fact, the value is NIL.

Am also working on an appeal to get Mum's care home costs reimbursed as she/we were given no choice in the matter - the Consultant told us Mum was not able to live on her own - a danger to herself and to others!

The only reason I have any fight left in me is quite simple: Dad always said " I don't want Princess Tony to get my monies". Dad fought for this country and worked hard all of his life, Mum and Dad lived for us and their grandchildren. They did not have expensive holidays, or expensive cars and their lifestyle was simple. Their aim was always that their children (me and my brother) would benefit from their hard work/savings etc.

I will continue to fight for Dad's cause - because I have to, and because the system is just not at all fair or just anyway.

I'm going to have a look at the reference points mentioned. But if I can be of any help at all to anyone in this respect PLEASE give me a shout. And if anyone can be of any further help to me I would be so grateful.

Makes me sound like a money grabber - but although it would be nice, I'm not doing it for me and I'm certainly not doing it for my brother (he doesn't give a hoot about Mum).

You've just gotta dig in and stay strong - does your head in though doesn't it?

EllieS
 

Lulu

Registered User
Nov 28, 2004
391
and worked hard all of his life, Mum and Dad lived for us and their grandchildren. They did not have expensive holidays, or expensive cars and their lifestyle was simple. Their aim was always that their children (me and my brother) would benefit from their hard work/savings etc.

I will continue to fight for Dad's cause - because I have to, and because the system is just not at all fair or just anyway
Ellie, you are not a money-grabber. I feel the same as you.
 

Geraldine

Registered User
Oct 17, 2003
143
Nottingham
When the time came to get Mum's Capital Assessed for help with fees, I simply told them there was no property as it was owned 3 ways between Mum my husband and myself (we had also lived there with Mum for 8 years) and I had on the table in front of me all the documents I could find from AZ, Help the Aged Age Concern and the CRAG regulations just in case they started to question me. No solicitor needed, just time on the Internet and a phone call to Welfare Rights. They never even asked me to produce documentation - although I had that too just in case. With the SS you need to be assertive and know your facts too often they do no know the rules themselves or interpret them as
to how ever much money they think they have in the pot.

regards

Geraldine
 

janew

Registered User
Mar 28, 2005
51
54
Thank you Geraldine

My mum has a bit of savings but as we all know it may not last for ever and if my mum had to go into a Nursing Home it would soon be eaten up.

I have been worrying myself about when her savings run out, we have lived together for 5 years, my mum put the house into my name about 3 years ago and would I have to move out the house to sell it to cover the fees.

I know I don't need to worry about it at the moment but it is always at the back of my mind that I may not have a home.

Jane
 

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