These pages advise the UK public on their right, under
existing law and the Coughlan case, to free nursing care
100% funded by the NHS - known as "Continuing Care".
simple advice for families ...
- Print the NHSCare.info flyer which includes this advice. Make good use of it. Help us "spread the word".
- consult these pages including the overview to confirm that you have a case: discuss with close friends and relatives.
- do what you feel is right for the patient. This may include going along with unlawful advice from Social Services.
- make sure you have written at least one letter, mentioning Coughlan, such as this draft letter.
- consider refusal to pay for care. If so, think it through and do what is best for the patient.
- keep a paper file of all information such as printouts from www.nhscare.info, all letters and medical history.
- take care what you sign when dealing with NHS and Social Services. Your signature might indicate agreement. If you feel you must sign, in the interests of the patient, then add a comment beside your signature such as "Without prejudice. All Rights Reserved: see www.nhscare.info".
- record in writing any disagreement with NHS/Social Services: by them and by yourself soon after the meeting. They might later claim, "if it's not written down, it didn't happen".
- find a close friend or relative able to write and respond to letters over what may be many years.
- consider writing a complaint letter to the Primary Care Trust (PCT) - but see Derek's page on this.
- consider a complaint to the Ombudsman, or for claims after March 2004, contact the Healthcare Commission.
You can
compare your patient's care needs with those of Pam Coughlan
by visiting our
advice to solicitors
page. If the patient's health care need is equal to, or greater than Pam's,
then under the law,
they should qualify for 100% NHS funded Continuing Care.
Make sure you are not breaking the law.
Ignorance of the law, and the fact that many others share this ignorance, is no defence in a Law Court.
Please click here for information from the RCN and the amnesty for "whistle blowers".
Visit the
overview page
and tell others around you.
Doctors and Consultants can read extracts from Derek's
letter to the BMA.
"...the Law Society have agreed to study my complaint that Bevan Brittan (formerly Bevan Ashford) are writing unlawful criteria ..."
- from Derek Cole's
open letter to NHS Managers and Social workers.
"...proposals are not fully compliant with the Coughlan judgement...”
- the Law Society comment on draft National Framework is
here
Read the Press Release linked from
Trevor's page.
"...incompetence and deceit by individuals within Social Services ..."
Please try and understand, and then print or broadcast, the simple and important facts of this story,
with some
ADVICE.
"This is a case where people have been swindled out of their savings, hounded out of their homes and conned out of the free care they deserve."
"It is unlawful to ask the patient to pay and we will not pay"
- from Derek Cole's address to a pensioners group
here.
If you are a patient or
their family, please read and understand the "simple advice for families" above, before contacting us.
Financial pressure concentrates the mind of Government.
Maybe it's time for health insurance policies to cover long term health care ? Insurance companies could team
with law firms to claim back
£billions from the NHS. Consult your legal advisors and
see the footnote on the
overview.
We hope to add more detailed advice pages here soon, such as that for
solicitors
, targeted at those working within
organisations who will be affected by the UK public discovering this site and the truth about how
the law stands. We hope to ensure their legal advisors are
properly briefed, and that this results in policy changes. e.g. corrections to literature from some
major charities, which confuse rather than inform; Unions following NACODS lead and helping
their retired members assert their right to Continuing Care; Large businesses who previously did
not want to "rock the boat" becoming aware of the law and adjusting their policies, including sales
literature. Insurance, Financial Services and Care Home businesses to make plans, to limit
damage to their business and to exploit the opportunities. Remember:
"every crisis is an opportunity"
.
See the
NHSCare.info Flyer page for ideas on how to use the Flyer.
Find web sites
and ask them to add a link to this site with a suitable
caption such as "for simple yet detailed and practical advice on
100% NHS funded long term care see www.nhscare.info".
When journalists contact you asking for a "personal angle",
ask them to "return the favour" and mention www.nhscare.info.
Giving a local talk ? See Robin's
briefing slides, then if you are
on broadband, see how NOT to give the presentation by
looking at the
30 minute video.
Robin can do better, and so might others :-)
You can visit
Steve's message board
and share your experiences with others; you are not alone.
Watch the three minute
video of Pam Coughlan,
then ask yourself if the patient needs less care than Pam.
simple advice for NHS and Social Services staff ...
Department of Health's new "National Framework" ...
"...simply yet another delaying tactic”
- from Robin's letter:
Feedback on DoH National Framework
"...we fear only a lucky few will benefit.”
Age Concern’s response to the National Framework is
here
"Care guidance a smoke screen...”
The Alzheimer’s Society response is quoted
here
information for the Press and a plea from Robin ...
Little has changed, but the facts are now even clearer.
We ask that the NHS, Social Services and the Government
obey the law.
This is NOT "thousands of people and millions of pounds"
- it's
"hundreds of thousands of families and tens of billions of pounds".
Read the
overview,
so you see "the big picture". Our old press release is
here.
Show the
NHSCare.info flyer to your editor.
See
What the Media Report and Parliament
for details of news events, including sound and video from the
recent broadcasts such as Steve Squires on BBC Radio Solent.
Derek Cole and Ian Perkin appeared in the Channel 4 TV News in April 2005
where Ch4 did an exclusive ten minutes on "Coughlan".
This news piece was triggered by release of the
Commons Select Commmittee report.
You may read Derek's summary of his evidence given to the committee
here
and his full report in
TVSHA - A study in Misfeasance and Ignorance
Derek's expert legal advice given to MPs in November 2004 is
here.
Panorama broadcast their "National Homes Swindle" on 5th March and followed up
on Sunday 23rd July.
See what Ian had to say to Panorama
here.
We were the
primary source
for Panorama.
- Bleddyn Hancock, general secretary of NACODS South Wales. The NACODS press release is
here.
See Bleddyn on TV
here , and in "the politics show" on
Stephen's site
where Stephen Johnson continues his fight for justice.
"Mary has long thought I will end in the Tower. She is now convinced it will be the axe."
- from
a recent speech by Derek
Read Ian Perkin's letter in the September 2006
Public Finance Magazine
here under
"A challenge to NHS legality"
.
contacting us ...
You will find email addresses and 'phone numbers on our
contact
page.
Charities, Unions, Care Homes, Insurance, Financial Services, etc ...
from Robin ...
It is over five years since my late mother was discharged from hospital
into a nursing home. By pure luck my Aunty Joy gave me the newspaper
clipping "Elderly cheated of free care" originating from Paul Burstow, MP.
Not long after, I was put in touch with Derek Cole and this web site was born.
I'm sorry if nhscare.info has a "folksy" and unprofessional flavour -
I do my best to present the information and advice clearly,
without it appearing "shrill". This is not easy when dealing with
the fact that hundreds of thousands of people continue to be cheated out of
money by NHS/Social Services to the tune of what must now be tens of billion of pounds.
Please start by reading my simple
overview
of "Coughlan" to understand what this is all about.
Visit my
mother's case page
and read some of the letters, including those to senior politicians.
Need to know more about me ? then
click here.
Most of my family have no political affiliations: to know more, see
Robin, June, and Politics.
I find keeping a sense of humour helps:
Jokes about Lawyers may bring a smile to your face - it does not neglect
us "older ones" or blonde nurses :-)
thankyou Pamela Coughlan
We would all like to thank Pamela Coughlan, who at great effort and expense,
paved the way over many years in fighting her case, leading eventually to
the Appeal Court decision in 1999 now known simply as "Coughlan".
Robin first spoke to Pam in 2003, and Pam is happy for us to repeat her
words first quoted after Ann Abrahams' report was released in February:
"I am delighted with the Ombudsmans' decisions. This reconfirms that the NHS
has cheated people out of the free care they deserve. Elderly people
and their relatives face an assault course if they want to complain.
They have to go through endless complaints procedures, tribunals
and complaints convenors to get to the Ombudsman. It's shameful
that the Government guidance put the burdon on these helpless people."
information from Derek Cole ...
Please visit
Derek's Page where you will find
much of the detailed information on NHSCare.info, which originates from Derek Cole.
Derek once described himself as an "... old retired Headmaster and only an academic lawyer".
Robin is extremely grateful to Derek, who has provided
invaluable legal advice, and assistance in writing the many letters required for
Robin's mother's case.
Derek and Robin would like to thank those, such as Steve Squires and David Gooch,
who successfully won their own cases,
and have shared information to help others.
There is no way that any one of us could
cope with the deluge of work related to many tens of thousands of families who might
discover that they have a claim to make: however, we hope these pages will
be of practical help in both "understanding and doing".
help us "Spread the Word" ...
Watch the three minute
video of Pam Coughlan
The above link to PAM.WMV is 5MB. A DVD-quality version is available from Robin for solicitors and journalists.
Who can help me ?
Steve Squires, on the right, offers help - see
The Steve Squires Page.
Help us test the new
NHSCare message board
which may be a source of detailed help in the future.
You may find this
Frequently Asked Questions
page usefull - kindly supplied by NACODS.
Tried
www.google.com
? e.g. to document it is a HEALTH condition. e.g.
"what is alzheimers",
"MS",
"MND", etc.
You can read
Ian Perkin's legal submission
which resulted in Continuing Care for his mother
on our
advice for solicitors page.
Robin Lovelock, editor of nhscare.info,
has his details on the
contact page
and his mothers' case is
here
Derek's Page provides detailed information and advice from Derek Cole,
our expert legal advisor.
David Gooch (on the right) won his case: read
Berkshire and What the Ombudsman Decided
and the more recent
David's Story
Andrea Dooley has MND and won her case: please visit
Andrea's Page
Get a Court Order for £60 ? - see
The Steve Squires Page
Have a Judicial Review for £210 ? - see
Monica & Judy's page
Danger with "No Win No Fee" claims - see advice on
Derek's Page