Are Continuing Healthcare National Framework guidelines the same as the law?

Are Continuing Healthcare National Framework guidelines the same as the law?

Are the Continuing Healthcare National Framework guidelines the same as the law? - wooden gavel and bookWhen people talk about NHS Continuing Healthcare law, do they mean the National Framework?

No. 14 in our series of 27 top tips o NHS Continuing Healthcare…

So are Continuing Healthcare National Framework guidelines the same as the law?

The answer is no.

The National Framework guidelines are just that: guidelines.

They set out the national processes that all CCGs should follow when carrying out NHS Continuing Healthcare assessments.

They also set out the obligations and duties of assessors to conduct a fair and impartial assessment based on care needs, not budgets – and certainly not based on whether or not the person needing care has savings or a house.

The guidelines are, if you like, a way for assessors to uphold the law.

Of course, as many families report, this often does not happen. And that’s why it’s vital to remind assessors of this key legal point:

The NHS – in law – must cover the full cost of a person’s care when that person’s needs are beyond the care that a local authority can legally provide.

Read more here – and about the sticking point in all NS Continuing Healthcare assessments

Tip no. 13: If you have local authority funding, why bother with NHS Continuing Healthcare?

Tip no. 15: Ongoing conflicts of interest in NHS Continuing Healthcare

You don’t have to fight this battle alone

Fighting a Continuing Healthcare funding battle alone can feel daunting. If you need to talk to someone about your case, read more here.

1 Comment

  1. Roger Burgess 4 days ago

    The National framework and its associated tools are underpinned by legally binding direction and standing rules, therefore it should stand the test of a judicial review when investigating flawed procedures and malpractice.

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