Nockolds Resources

Adult Social Care Report

The Law Commission has released its much awaited report on Adult Social Care (see www.lawcom.gov.uk ).  As a result of the Report, it is anticipated that new legislation is likely to be introduced.  Whilst the report is predominately concerned with social care, there is overlap and it is likely to impact on claims against the NHS for Continuing Care funding and the question of whether a person’s care home fees should be fully funded by the NHS. 

Firstly, the new legislation is expected to codify the law relating to Social Care.  This should help us to determine exactly where social care ends, and fully funded NHS Continuing Care care (or simply, "Nursing Care") begins.  Currently a gap exists between social care and nursing care, which is the grey area that in our experience has been exploited by the NHS in the refusal of legitimate claims by the elderly and infirm for fully funded NHS Continuing Care. 

Secondly, the Law Commission indicated that the government will be allowed to introduce new regulations on both Social Care and NHS Continuing Care.  Any measures that may assist to close the gap, and thereby reduce the potential for injustice has to be welcomed, and we at the Nockolds Care Home Fees team look forward to reviewing the draft legislation that should follow in due course.

If you would like to discuss this or any other issues with the team please contact Daniel Winter at dwinter@nockolds.co.uk

Daniel Winter (profile) Daniel Winter Tuesday 7th June 2011
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