The law is on our side
We believe the law is on our side, but despite clarification from the Courts, it is our opinion that many Primary Care Trusts are incorrectly assessing who qualifies for State funding of their care costs.
Two of the best examples of this are the cases of Pamela Coughlan and Maureen Grogan:
Pamela Coughlan
After suffering injury in a road traffic accident in 1971, Pamela received care from the NHS in Newport Hospital until 1993, when the Exeter Health Authority decided to move her to Mardon House, a new facility. Despite assurances that Mardon House would be her home for life the NHS had a change of mind in 1998, closed the facility and transferred care of Pamela and other disabled patients to LA Social Services. Unfortunately, in 1999 Pamela was denied fully funded NHS care on the grounds that she only needed general nursing not specialist nursing.
Pamela’s case went to the Court of Appeal and was upheld, with the Court of Appeal handing down a very clear message “If the person’s reason for placement in the Care Home was primarily a health need then the NHS is responsible for funding the whole package”.
Grogan versus Bexley NHS Trust
Maureen Grogan was chronically ill, suffering a variety of ailments including multiple sclerosis, dependant oedema and double incontinence.
Amazingly, the NHS assessed her 3 times as ineligible for NHS Continuing Health Care and she was forced to sell her home to cover the care fees. In January 2006 her case against Bexley NHS Trust was upheld. In the judgement of the High Court it was stated that the criteria used by the NHS was “fatally flawed” and she should not have paid for her own care.
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