Care Home Fees Local Authority Contribution

tablelamp

ianua1 wrote: »

For those worried that loved ones who are having a CHC assesment won't be eligible, when the time comes, respond to the NHS with the following,

"We will not accept rejection of our claim for continuing care which is based on 'eligibility criteria which is not 'Coughlan Compliant' and we hereby give you notice that we intend to appeal to the Ombudsman upon further rejection. We will also seek legal advice on serving your authority with a mandatory order to comply with their statutory duty under the National Health Servce Act and the Appeal Court's 'Coughlan' Judgement. We will also seek redress under the Article 6. of the Human Rights Act."

And remember.....

Clinicians cannot make quasi-judicial decisions because the right to care is a matter of law - not medical opinion and any 'nurse assessor' making such a decision would be in breach of Article 6 of the Human Rights Act and open to prosecution and liable for exemplary damages.

I have just seen this post and wonder if anyone here has used it successfully, please?