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NHS Continuing Healthcare

Health & Community Care

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If you or a loved one is denied funding for NHS Continuing Healthcare (CHC) despite being eligible, Cartwright King’s specialist Court of Protection Team will do everything possible to prove that you qualify and secure the funding that you need. 

Our determined team will work with you to ensure your voice is heard and taken seriously.  For supportive, practical advice, get in touch with our dedicated Court of Protection Team today.

How Cartwright King Can Help You with CHC Issues

Cartwright King’s Court of Protection Team is meticulous, with a firm grasp of the rules that govern NHS Continuing Healthcare. You benefit from our experience of successfully resolving CHC issues on a regular basis, ensuring that your argument for funding your ongoing care requirements is lawfully justified. We can help with:

  • Assisting families/patients in putting together an application for CHC funding and/or reviewing and advising on proposed applications.
  • Guiding families/patient representatives through the process of applying for CHC funding.
  • Submitting and managing claims on behalf of patients and their representatives, which will include obtaining records, drafting and submitting a claim, managing correspondence with the CCG and driving the process through to conclusion.
  • Reviewing cases that have been refused CHC funding and advising on the merits of making an appeal and on the appeal process.
  • Dealing with the appeals process in full including providing representation if needed.
  • Advising on the merits of referring a decision to the Health Service Ombudsman.
  • Advising on the merits of and acting for patients in judicial review proceedings.
  • Reclaiming fees paid for historic care which ought to have been funded by the NHS although there are time limits for reclaiming in these circumstances

Benefit from a Free, Initial Telephone Conversation

Challenging the NHS over funding for continued care can be an uphill battle. That’s why you can benefit from a free, initial telephone call with our Court of Protection team to understand your rights and to discuss how we can best support you with the legal backing you need.

You’re under no pressure to instruct us, this call simply gives you a starting point before you make your next move.

There’s no substitute for speaking to one of our specialist Court of Protection Lawyers to get clear guidance on the best action to take for you or your loved one.

For immediate assistance, contact us today for your free* initial discussion. 

The discussion is completely informal and confidential, and is an opportunity for us to:

  • Get to know you 
  • Understand your situation
  • Agree how you want to proceed

*Please be aware that this is a ‘get to know you’ call and no advice will be given.

Why Choose Cartwright King for CHC Issues?

Dealing with NHS Continuing Healthcare issues requires trusted and experienced legal advice and representation, especially when your wellbeing, ongoing care and standard of living are at stake.

Cartwright King does more than give you legal advice and send you on your way, we offer total support from start to finish, standing alongside you to ensure that the care needs of you or your loved  one are heard and taken seriously.

Our dedicated Court of Protection Team works tirelessly to build your case to give it the best possible chance of success. We know that failing to secure funding for your continued care can affect your health and living standards. 

That’s why instructing us gives you the legal arsenal to ensure that you or your loved one has access to the care and support needed to maintain a good quality of life.

We listen, we understand and we genuinely care about your health and wellbeing. That’s why we offer sound, honest, reliable legal advice to ensure that you are heard and your legal rights are protected.

Instructing Cartwright King gives you the assurance of having access to dedicated Court of Protection Lawyers  focused specifically on CHC issues. 

Getting the right advice from proven specialists is the difference in securing the best outcome for you. When your health and quality of life are at stake, our Court of Protection Team rises to the challenge.

We’re a trusted, resourceful Legal 500 top tier law firm with specialist solicitors that are calm under pressure, giving you advice and support that you can count on.

Legal Fees

Legal Aid may be available to cover the cost of health and social care matters. This means that a person’s legal costs could be wholly or partially paid from the Legal Aid Agency. 

Legal Aid is means tested, which means that the financial circumstances of the person benefiting from social care or healthcare will be assessed. 

Cartwright King will always advise you on whether Legal Aid is available. However, if you’re ineligible for Legal Aid, Cartwright King will discuss private fee paying options and payment plans with you. The priority is ensuring that you have access to the highest standard of legal representation.

We're here for you.

Frequently asked questions.

NHS CHC is a package of ongoing health and social care funded solely by the NHS, where an individual aged 18 years or over has been assessed as having a primary health care need arising from a disability, accident or illness.

Where an individual is eligible for CHC, the NHS will fund the care they receive at home or in a care home. .

Children receiving continuing care packages may become eligible for CHC when they reach 18 years old and should be referred for assessment when they are 16 years old so that a decision can be made before their 18th birthday.

The process of applying for CHC is complex and can differ depending on your circumstances.

Where an individual has a rapidly deteriorating condition there is a fast track pathway to CHC.

In other cases, there is an initial screening stage using an NHS checklist. A multi disciplinary team (‘MDT’), consisting of representatives from health services and social services, will then conduct an assessment using a Decision Support Tool which will be used to determine whether an individual is eligible to receive CHC funding.

To qualify an individual must be deemed to have a primary healthcare need. A primary healthcare need is assessed according to its nature, intensity, complexity and unpredictability and whether the need is of a nature beyond which a social services authority could be expected to provide.

Where an individual does not qualify for CHC, they may qualify for NHS Funded Nursing Care (‘FNC’).

Yes. Everybody has the right to appeal the CCG’s eligibility decisions. However, appealing can be an arduous and stressful process. It’s recommended that you get in touch with our Court of Protection Team to establish whether your case merits an appeal.