NHS test case for claiming care home fees

SophieM

Hi Everyone, I read an article lately in the Daily Mail about a test case by elderly or families to claim back fees of nursing homes through the high court from NHS. My mother was in a nursing home and residential homes for 7 years and for the last 4 years had to pay approx. £400 pw. to the home for her care. My mother had suffered a serious stroke and although she was spared paying initially (she was guardian to a school age granddaughter still living in the home at the time of her stroke), she did have to pay when granddaughter left full time education. My mother died last year and I am trying to sell her house which is difficult in this market. However, if and when I can sell it I have to pay back our local council some £60,000 as my mother was forced into agreeing a deferrment as she could not afford her fees at the time. My point is my mother was totally immobile, having lost use of legs and one arm and needed 24 hour care and did not have anyone to look after. Does anyone know if such a case would be worth trying to claim back from the local authority currently the interest on the loan is adding up and unless I can sell the house soon there will be nothing left for my mother's chosen beneficiaries including her orphaned granddaughter who she cared for when healthy. Sorry this is so long.

Errata

Lots of info on this kind of situation on the Silver Savers board.

CHCscandal

On first glance it would seem your mum did not have a primary health need assessment as the social services took responsibility.

Che continuing care thread by monkeyspanner does highlight the current problem and retrospective appeals can be started.

CHCscandal

http://www.dailymail.co.uk/money/article-1209020/How-YOU-win-money-unfair-care-costs.html

also a website forum for people in this position

http://continuingcareforum.lefora.com/