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Coughlan and Care Funding Update


From www.nhscare.info

Simple advice for solicitors ...
"The judgment in Coughlan clearly establishes that where a person's primary need is for health care, and that is why they are placed in nursing home accommodation, the NHS is responsible for the full cost of the package. " - summary of the Law Society's Evidence to the House of Commons Health Committee Inquiry into NHS Continuing Care available on the NHS Care website.

Simple advice for NHS and Social Services staff ...
Make sure you are not breaking the law. Ignorance of the law, and the fact that many others share this ignorance, is no defence in a Law Court. NHS Doctors and Consultants may wish to read extracts from Derek's recent letter to the BMA
[on the website]. NHS Care welcomes contact - including from "whistle blowers"

Simple advice for families ...

  • consult the website including the overview of the judgement to confirm that you have a case: discuss with close friends and relatives.
  • do what you feel is right for the patient. This may include going along with unlawful advice from Social Services.
  • make sure you have written at least one letter, mentioning Coughlan.
  • keep a paper file of all information such as printouts from www.nhscare.info, all letters and medical history.
  • find a close friend or relative able to write and respond to letters over what may be many years.
  • consider refusal to pay for care. If you do so, first consult the website for more information.
  • otherwise, write a complaint letter to the Primary Care Trust (PCT)
  • complain to the Ombudsman?