Local pensioner wrongly made to pay care fees

Mr Harry Denham was a resident in a Nursing Home from July 2002 until his death on 5 February 2007. He suffered from Alzheimer’s disease, but his family were forced to pay up to £750 a week in nursing care costs. They even had to sell Mr Denham’s home to fund the nursing home fees.

But now Mr Denham’s family, helped by the specialist Nursing Care Team at Hugh James, have proved that Mr Denham’s nursing care costs should have been provided for by NHS Continuing Healthcare provisions.

Continuing Healthcare is where the NHS is responsible for and fully funds care. It mainly affects very ill patients, often elderly, in nursing homes, but it can also apply if a person is in hospital long term or needs nursing care at home.

Lisa Morgan, Solicitor with the Specialist Nursing Care Team at leading law firm Hugh James acted for the late Mr Denham’s family. She argues that the case is just the tip of the iceberg: "Thousands of people across Wales are being wrongly charged for nursing care and in many cases they are forced to sell their family home to pay. To date, we have recovered over three and a half million pounds in nursing home fees on behalf of our clients."

Lisa Morgan adds: "Hugh James currently represents over 400 people claiming they have been wrongly charged nursing care fees in Wales. Under government policy, there should be a comprehensive assessment for people as soon as they are deemed as needing long-term care, which determines whether they are entitled to have their fees paid. That is not happening in many cases and families are losing out.

"If the Local Health Board had undertaken a full assessment in compliance with correct guidance, this could have been avoided. Under current policy a person should be the responsibility of the NHS if their primary need is health. However, in many cases, Local Health Boards in Wales are not applying the correct legal test.

"In a Local Health Board review panel last week, it was decided that Mr Denham had ‘health needs’ which deemed him eligible for continuing healthcare. The family will now be reimbursed the total amount of wrongly paid nursing home fees paid by the late Mr Denham".

Key Facts:

If you are eligible for NHS Continuing Healthcare, you do not make any contribution towards the long term care fees. The NHS pays the whole cost and it applies if a person is in hospital, care home or in their own home.
In Wales, if a person is not assessed as eligible for NHS Continuing Health care and has capital over £22,000, they have to pay for all the care fees.
If you have capital between £19,000 and £22,000 you will have to contribute towards the cost of care.
When you fall below £19,000 you do not have to pay fees from your assets, but income from pensions and benefits must be paid towards the care fees.
The average weekly cost for care, per person, is £500. As an example, if 500 people have been incorrectly paying for care for one year, then they are owed approximately £13m in total.
Hugh James currently represents over 650 people claiming they have been wrongly charged nursing care fees in England and Wales.
There are currently over 12,000 people in nursing homes across Wales and many people are looked after for a number of years.

CASE STUDY

Mr Harry Denham (deceased)

Mr Denham was admitted to Beechwood Park Nursing Home on the 10 July 2002. He was suffering with Alzheimer’s disease and as a result was severely confused and disorientated regarding time, place and person. He also displayed difficult behaviour associated with the illness, including anxiety, agitation and aggression. He was totally reliant on nursing home staff for all his activities of daily living. Due to the closure of the Beechwood Park Nursing Home, Mr Denham was transferred to St Annes Nursing Home on the 13 July 2006 and was a resident there until his death on the 5 February 2007. Mr Denham paid a contribution of £85 per week until his wife’s death in April 2003 and thereafter had to pay approx £750 per week until his death.

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