Victory in £20,000 care fee challenge

Reporter: Lucy Kenderdine
Date published: 08 May 2015


A DAUGHTER has received more than £20,000 in repaid care home fees after an Oldham law firm successfully challenged an NHS decision to withdraw payments.

Judith Lamb challenged the decision after funding for her mother’s care home accommodation was suddenly stopped. Mrs Lamb’s mother, Elsie Shaw, had dementia and couldn’t communicate her needs verbally.

Money was provided from January 2009 by NHS Continuing Healthcare Funding, but she was reassessed in February 2013 and the payments stopp as she was then considered ineligible. Mrs Lamb, from Delph, appealed through Pearson Solicitors and almost a year later, funding was reinstated but not backdated

She appealed a second time and won agreement that over £20,000 in fees should be reimbursed.

Mrs Lamb said: “I was very unhappy about the way the NHS had arrived at the decision to rescind the continuing healthcare funding. I sensed a grave injustice had been done.”

Continuing Healthcare is care provided by professionals over an extended period of time to meet the physical or mental health needs of a patient through disability, accident or illness and when care needs are likely to be complex.

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