In a significant legal victory, an elderly father suffering from dementia, Leonard Manning, will no longer have to sell his home to cover care costs. The 82-year-old, diagnosed with dementia in 2023 and hospitalised since May after a severe stroke, was facing the daunting prospect of selling his £150,000 house in Aberdare to pay for care bills amounting to £1,800 a week. This landmark legal battle against the NHS has highlighted the issue of Continuing Healthcare (CHC) funding, a fully-funded scheme where the NHS is mandated to cover care costs regardless of the individual’s wealth.
Legal experts assert that many families across the country are losing out on millions of pounds due to the failure to properly assess patients under CHC. To qualify for CHC, a patient’s needs must be health-related rather than social, and it has been argued that the criteria are often applied too strictly or inaccurately, leading to individuals unjustly being denied funding they are entitled to. Mr. Manning’s case sheds light on a disturbing trend where vulnerable individuals are forced to bear the financial burden of care fees despite being legally eligible for funding.
Graham Manning, Leonard’s son, expressed his frustration at the NHS’s initial denial of his father’s CHC funding, despite his complex care needs and inability to communicate due to heavy sedation. Graham highlighted that prior to his father’s stroke, he had lived independently and had never depended on support from the system. The family was concerned about the rapid depletion of Leonard’s savings to cover the exorbitant cost of care, potentially leading to the sale of their family home. However, this legal victory will save Mr. Manning approximately £80,000 a year and ensure he receives the necessary support.
Mr. Manning’s background as a former RAF member and local government commercial officer, as well as his affiliation with Mensa, underscores the injustice of denying him CHC funding. Following his hospitalisation, social workers initially indicated that he met the criteria for CHC, but a subsequent assessment in July shockingly found otherwise. Legal intervention was sought, leading to a successful challenge that recognised Mr. Manning’s eligibility for full NHS-funded care.
The law firm Hugh James, representing the Manning family, highlighted the widespread issue of individuals being unfairly denied NHS Continuing Healthcare funding. They emphasised the importance of correctly assessing individuals and ensuring they are aware of the funding they are entitled to, to prevent them from shouldering unnecessary financial burdens. Mr. Manning’s case has prompted calls for a review of the CHC assessment process to prevent similar injustices in the future.
As Mr. Manning prepares for discharge into a care home post-assessment, the ongoing reassessments will ensure that his needs continue to qualify for CHC funding provided by the Cwm Taf Morgannwg University Health Board. The family is in the process of securing suitable care arrangements to support Mr. Manning’s complex health requirements. This legal victory not only benefits the Manning family but also serves as a beacon for others navigating the complex and often challenging landscape of healthcare funding and support for vulnerable individuals.