Family recovers £160k after wrongly paid care fees

A family has been awarded more than £160,000 after an elderly widow used her life savings for private care home fees, which should have been paid by the NHS.

The woman had been cared for in a residential home in Marlborough, Wiltshire, for five years until her death in 2020 when her family had to sell her home to pay back a loan from the council.

After her death, the family discovered she may have been eligible to have care costs covered by an NHS scheme.

The Bath and North East Somerset, Swindon and Wiltshire Integrated Care Board does not comment on individual patient cases due to confidentiality, but said "where concerns are raised" an "established review process" takes place.

The widow, known only as Ms B to protect the family's anonymity, had escalating health needs when she went into the Marlborough care home in 2015, including Alzheimer's disease and mobility issues.

After her death at the age of 90 in 2020, Ms B's family found out her care home fees, which had put the family into debt and forced the sale of her home, should have been covered by the NHS Continuing Healthcare Scheme.

They approached Emerald Law Solicitors in 2022.

Phil Turner, NHS Continuing Healthcare specialist at Emerald Law Solicitors, said: "NHS Continuing Healthcare can make a life-changing difference, but many families do not realise it may apply to them."

The NHS Continuing Healthcare Scheme is not means tested and covers the full cost of care for adults with a primary health need.

Emerald Law found Ms B had been eligible for NHS Continuing Healthcare for two years, six months and 27 days.

The NHS Bath and North East Somerset, Swindon and Wiltshire Integrated Care Board has now settled the case for £160,860.16.

One of the widow's two nieces said: "We have at last received the inheritance my aunt intended for us."

Oonagh Murphy, managing director at Emerald Law Solicitors, said: "Ms B's family were already dealing with the pain of watching someone they loved become increasingly unwell.

"They should not also have had to face the financial devastation of using savings, property and debt to pay for care that should have been funded by the NHS."

Age UK, Wiltshire offer specific advice to other families who are unsure if they qualify for NHS Continuing Healthcare.

A spokesperson from the charity told BBC Wiltshire: "NHS Continuing Healthcare is one of the least understood areas of funding for older people, and many families simply aren't aware it exists until they've already spent their own savings on care.

"Asking questions, seeking independent advice, and requesting a review of eligibility at an early stage can help ensure people receive the support they are entitled to."

NHS Continuing Healthcare is a package of care arranged and funded solely by the NHS for individuals who have been assessed as having a primary health need.

A Bath and North East Somerset, Swindon and Wiltshire Integrated Care Board spokesperson said: "Where concerns are raised about an eligibility decision, there is an established review process to ensure cases are considered appropriately and in line with national guidance.

"We are unable to provide any further comment on this particular case."

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