This department is headed by Greg Evans a firm partner with a particular interest in assisting and providing legal services for the older persons and their carers. Greg works with his assistant, Claire Ramsay in this growing department

Visit the “Solicitors for the Elderly” website at www.solicitorsfortheelderly.com

Greg has a particular interest in the law in relation to NHS responsibility for funding long term health care. The core duties to provide a national health service are found in the National Health Service Act 1977. These duties are imposed on the Secretary of State for Health but subsequent legislation means most of the functions are exercisable by health boards and primary care trusts. If a person is resident in a nursing home then it may mean that the accommodation, personal care and health care costs ie nursing home fees should be the responsibility of the NHS. A person’s health and social care needs should be assessed against the local health authority’s eligibility criteria. This determines whether or not a person should pay the full cost or partly fund their care following a local authority means test or whether the full cost should be met by the NHS. The eligibility criteria adopted should be in line with the Department of Health’s guidance, the Coughlan judgement and the Grogan judgement. Unfortunately in practice, it appears that many people are either not being assessed or the eligibility criteria employed are not compliant with the Coughlan and Grogan judgements. People are therefore being wrongly denied continuing NHS care.

If you believe that either you or your relative are paying care fees when perhaps you shouldn’t be, please complete our online questionnaire and we will see whether or not you have a case against your local health board or primary care trust.

Complete the online questionnaire here.

For further information please contact Greg Evans on 029 20388398 or email c.ramsey@sinclairslaw.co.uk