Solicitors in fight over care charges

6th August, 2013

A firm of Shropshire solicitors, which has successfully obtained almost £2 million for county residents wrongfully charged for care fees, is urging people to ensure that family members are assessed for ‘Continuing Healthcare’ when discharged from hospital or if their health deteriorates.

Continuing Healthcare is a package of on-going care arranged and funded solely by the NHS when someone has a ‘primary health need’. It is provided to adults to help continue to meet needs arising from a disability, accident or illness and is non means-tested, unlike council funding.

Nicola Pearce, who specialises in this area of the law with Wace Morgan Solicitors in Shrewsbury, said that NHS Continuing Healthcare had evolved significantly since the 1990s.

“The national framework to help healthcare professionals identify patients who have a primary health need has recently been updated.

“Unfortunately, there is still some confusion over what exactly constitutes a primary health need. This means that some patients are wrongly denied NHS funding and are then means-tested by social services for their ability to pay for some or all of their own care. Social services then may ask for a “top up” contribution from relatives.

“This is a vitally important area and we can advise on who should be paying for care,” she commented.

Wace Morgan Solicitors has a team of lawyers specialising in elderly care, particularly working with patients whose fees should be paid in full by the NHS.

For further information please contact Nicola Pearce or Liz Holdsworth on 01743 280 100