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Services

Access, funding and continuing healthcare

access, funding and continuing healthcare

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Find out about our claims, advisory, inquests and regulatory services

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With decades of experience acting for local authorities and for healthcare providers and commissioners all over the country, we understand the pressures to deliver more for less are greater than ever, with rising demand and expectations against a background of unprecedented austerity.

Inevitably, this leads to tension and disputes at the front line, both about whether a patient or service user is entitled to particular care at all, and whether it is to be paid for by health or by social care, or by which local authority or CCG.

For example, few decisions have so large an impact on the budgets of CCGs as the assessment of whether or not a patient is eligible for fully funded NHS continuing healthcare. And few issues are as emotive for patients and their families as having to sell a family home to pay for long term costs of care.

Our expertise in public law and judicial review, as well as the delivery of services at the front line, means we can help you deal with these issues, including managing the potential media and reputational risks, and claims.

what we do...

Advising you over ordinary residence and responsible commissioner disputes.
Advising on the relationship between continuing healthcare funding and s117 aftercare or funded nursing care.
Training and support - we offer a range of training opportunities, including an extensive seminar programme, live webinars, bespoke training sessions and regular legal updates, to ensure your staff are kept up-to-date with legal compliance issues and best practice.

Drafting or reviewing existing policies - on continuing healthcare, individual funding requests, “top up” funding, direct payments or personal budgets.
Management of retrospective CHC claims.
Contentious care or treatment decisions - including issues of safeguarding and cases where those patients lack capacity to make the relevant decisions and an application to the Court of Protection may be required, and arguments about “best interests” and resource allocation.

related resources

Legal updates

Adding injury to injury: defendants only liable to pay for claimants’ additional care

The Court of Appeal handed down judgment on the controversial case of Reaney v University Hospital of North Staffordshire Trust in November 2015.

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what the directories say...

A client says: 'They deliver real added value. They don't just think about the legal problem before them but also the overall strategic issues.'

Chamber 2018

A client says: 'I wanted practical, clear advice, and that was what I got.'

Chamber 2018

Browne Jacobson LLP’s ‘knowledgeable, pragmatic and approachable’ group combines local government and social care expertise with its healthcare specialism to assist local authorities, NHS bodies, private sector providers and membership bodies for healthcare professionals with matters ranging from commercial initiatives and projects to inquests and regulatory work.

Legal 500 2017

Browne Jacobson LLP is a ‘highly competent healthcare firm that is excellent value for money’.

Legal 500 2017

They are a leading, one-stop-shop healthcare firm. They offer a whole range of services. Their out-of-hours support is very strong.

Chambers 2017

They give strong, practical advice and are excellent value for money.

Chambers 2017

Excellent breadth of knowledge.

Legal 500 2016

Very efficient and responsive service.

Legal 500 2016

recent experience

Advising on a claim for recovery of disputed care home fees.
Dealing with disputes arising from contentious “best interests” decisions for patients who lack capacity, where family are demanding provision of particular medical treatment or care packages which are not being offered, either as clinically unsuitable or as a result of resource allocation decisions.
Successfully defending a judicial review claim brought on behalf of a patient arguing that a CCG fully funding a patient, should continue to provide for additional nursing care and support when the patient was re-admitted to Hospital, to supplement the ward staff.
Handling a dispute over “top up” funding being charged by a large care home chain.