There is a fundamental divide between services which are seen as NHS/health-related and which are therefore free for anyone and based on clinical need and those services which are seen as social care related and can be charged for. This contrast is often at its starkest when it comes to the question of who pays for care home placements. If the need for care is primarily health-related then the care however or wherever provided and regardless of the means of the individual should be free. If the need for care is primarily related to a social care need then the services can be charged for.

Given the enormous financial difference between the two regimes it is unsurprising that the law and guidance on this issue is often interpreted very narrowly by both the NHS and local councils so that the costs of services provided and/or care home fees are deemed payable by the individual.

We can challenge those assessments and represent affected individuals (and their family) in reviews and appeals, through the NHS and social services complaints procedures up to Ombudsman level and beyond. The aim usually will be to establish that the individual's need is primarily health-related and therefore should be 100% funded and to seek reimbursement of any and all fees paid out.

We are able to offer advice on these matters and will consider any appropriate case. It may be that the matter will be suitable for a contingency fee agreement: that we will not charge a fee unless we recoup or preserve money or assets. A telephone call to us should establish whether it is worth investigating the case further.