I should know this, but the name escapes me. Coughlan was a case where the NHS should have fully-funded someone in a Home who clearly had continuing care needs, instead of handing the case to the LA, who (of course) charged her. I'm sure there's a subsequent case where a person got the costs out of the NHS for nursing care in their own home (small 'h') - the decision being that it didn't have to be in a hospital or Home (capital 'H') setting.

Can anybody give me a steer? My case gets 4-5 District Nurse visits per week, plus a very large care package from an agency commissioned by the LA, for which she pays a substantial charge. She's pretty needy - hoist, incontinence, etc.

Jim

Was it the 'Pointon' case which the Ombudsman reported on in November 2003? He had dementia and was receiving care at home

look at section 3.7 of our factsheet on continuing NHS healthcare
http://www.ageconcern.org.uk/AgeConcern/media/FSTwentyAM016.pdf

There's lots there about the guidance emphasising that the care can be in "a variety of locations - in hospital, at home, in a care home, in a day hospital or day centre or in a hospice. Government guidance stresses that the setting of care is not the sole or main determinant of eligibility for continiung NHS health care"

alban

Another useful aspect of the 'Pointon' case was that it made clear that nursing care under the Continuing Care provisions didn't have to be carried out by a health professional. Mr Pointon was cared for by his wife who wasn't a qualified nurse.

Thanks, both. Most helpful. I don't think it makes any difference that my client lives alone and the bulk of the 'nursing' is by carer(s) from an agency. It's the quality and content of the care given that counts, I reckon.

Jim