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Continuing Healthcare court action

Members of CSPA may recall that we have campaigned in the past and shared advice on Continuing Healthcare. Below you will find information about a campaign and legal challenge that members may like to support

What is CHC?

Social Care for the frail and elderly who are not suffering ongoing illness or severe disability, is means-tested and is either provided by the Local Authority or is privately funded. NHS Continuing Healthcare (CHC) funding is not means-tested as by law, healthcare is free at the point of delivery. Outside of hospital, NHS England (NHSE) has a legal duty (via Clinical Commissioning Groups (CCGs)) to fully fund an individual’s care if their needs are primarily health-related. This applies to people in any care setting, most often in a nursing home.

There is overwhelming evidence that over the last five years tens of thousands of very ill, frail, elderly and vulnerable people have been unlawfully denied the CHC funding to which they were entitled, causing emotional and financial devastation and enormous stress to their families in their time of need. Many have depleted their entire life savings and some have been unlawfully forced to sell their homes to pay for their own healthcare, which should have been funded by the NHS.

Retired Rear Admiral, Philip Mathias, supported by his campaign team that includes several retired civil servants and police officers, has launched legal action against the Government regarding the NHS Continuing Healthcare (CHC) scandal. Unlike Social Care which is means-tested, it is the legal responsibility of the NHS to fully fund an individual´┐Żs healthcare, in any setting outside of a hospital, if they have an ongoing serious illness such as severe dementia. The application for a Judicial Review claims that NHS England has failed in this legal duty and has unlawfully denied tens of thousands of very ill people the CHC funding to which they are entitled, often with devastating emotional and financial consequences. Further information can be found at https://www.nhschcscandal.co.uk/