Court of Protection Solicitors

A 94-year-old Plymouth woman has won a landmark decision that could mean hundreds of elderly people will no longer be required to fund their nursing home fees out of their own pockets.

Hilda Atkinson had been diagnosed with Parkinson’s disease, osteoporosis and angina, but needed around the clock nursing care mainly because she suffers from dementia.

Mrs Atkinson’s local health authority, Plymouth Teaching Primary Care Trust, argued that her need was one of ‘social care’, which in practice meant that the cost of the care was met in part out of Mrs Atkinson’s savings. She and her family argued that her health problems were such that her care requirement was dictated by a medical need, not a social one. In case of medical need, the responsibility for paying for the care falls on the NHS.

The High Court accepted the Atkinsons’ argument and ordered the Trust to repay £43,000, which Mrs Atkinson had paid for nursing care since 2004, and to pay for her future nursing care costs.

Says Mental Health Lawyers, “Families seeking the best care for elderly relatives who are unable to look after themselves often fail to realise that ‘social care’ can be charged for by councils, whereas ‘medical care’ is free under the NHS. It is not uncommon for the NHS to try to pass responsibility for the elderly and infirm to the local council, which, in turn, often claims that what seem to be medical issues are ‘social’ ones – passing the financial liability on to the infirm person and their family. If you think your NHS or council has attempted to avoid its responsibilities in this way, we may be able to help.”

Partner Note Reported in the Times, 22 November 2007.