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.

2 Comments

  1. Meggie 1 month ago

    Does anyone know of any NHS Continuing Healthcare (CHC) maladministration that has been the subject of judicial review? From the stories on this site, and my own experience, maladministration of CHC is commonplace and yet the NHS seem to ‘get away with it’.
    Next week I will be attending a meeting at one of the hospitals involved in what amounted to 18 months of CHC malpractice (from hospital staff, social workers and CCG staff) in respect of my late father. I have ample evidence of the many many times the National Framework was ignored, misinterpreted, dismissed etc and yet I fully expect to be fobbed off by the NHS staff at the meeting (a senior nurse, a matron and a consultant). That the maladministration was unlawful (as well as cruel, deeply distressing and cost us financially ) doesn’t seem to matter. The NHS staff will be patronising and simply say that they ‘feel’ everything was done properly and they’re ‘sorry’ I ‘feel’ differently. Where is the law in all this?
    Where is Coughlan? How does a patient’s family fight the NHS? I have been told I cannot be legally represented at the meeting and can only take a friend of family member for personal support. Any advice on how I should approach this or what I should ask or say? Following the meeting I intend to pass the complaint to the Ombudsman. Judicial review isn’t an option because of the cost. It seems wrong that the NHS can ignore the law and yet it is prohibitively expensive for patients to hold them to account. Presumably that is why the NHS is able to behave the way that it does.

  2. Roger Burgess 2 months 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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