Care Fees Outrage: Family Fights Council After Mum's Death

A family faced a seven-year legal battle after being forced to sell their parents' home to fund their mother's nursing care. Eileen Fossard, who had Alzheimer's, initially received partial council funding, but her eligibility changed when her husband died, increasing her assets above the £23,250 upper savings limit. Her children had to sell the family home, contributing over £47,000 towards her care.

Despite multiple falls and visible signs of distress, the family felt their mother was not deemed eligible for NHS Continuing Healthcare (CHC) funding until after her passing. Legal experts note that many families are unaware of CHC, leading them to sell assets prematurely. The eligibility for CHC is based on a person's health needs, not their diagnosis, and requires a detailed assessment.

Navigating the CHC scheme, governed by an 187-page framework, is described as highly complex, even for articulate individuals. Assessors can sometimes understate needs, leading to inconsistent decisions and wrongful denials of funding. The significant evidential burden means families can struggle to present their case effectively, resulting in refusals due to incomplete information rather than unmet needs.

Legal professionals have helped families recover substantial amounts, including one family receiving £600,000, funds that should have been covered by the NHS initially. The family in this case ultimately received reimbursement, but the experience left them with feelings of injustice about a system they believe fails honest families while potentially wasting taxpayer money. They advise others to thoroughly investigate their entitlements and advocate assertively for their relatives.

Spokespersons for NHS Cheshire and Merseyside and Knowsley Council confirmed adherence to the National Framework for assessments and charging policies. The council stated that the family home was not initially included in the assessment, but after it was sold and the council was notified of the change in financial circumstances, a further assessment determined the mother had been underpaying for her care. An assessment in March 2017 confirmed CHC eligibility, leading to the case being transferred to the relevant NHS body.