April 2018 – Legal Challenge to Continuing Healthcare Funding
03/04/2018
The Equality and Human Rights Commission (EHRC) has taken the first steps in judicial review proceedings by writing to thirteen clinical commissioning groups (CCGs) about NHS Continuing Healthcare (NHS CHC) policies being unlawful and breaching the human rights of patients.
NHS CHC provides for funded care outside of hospital where the person continues to require medical support for their primary needs such as in a care home, nursing home or hospice. This is funded by the NHS to meet physical, mental health and associated social care needs rather than the local authority.
The Commission has previously raised concerns with CCGs about blanket NHS CHC policies having arbitrary caps on funding and failing to consider the specific needs of individual patients, such as living location and family life. Whilst the Commission says some CCGs are now reviewing their policies in response to its earlier warnings, it has commenced action to initiate judicial review proceedings against CCGs that it considers have not taken action to address their human rights and equality responsibilities in the way they operate their NHS CHC policies. Widespread concern has also been raised at the time it takes for NHS CHC decisions to be made and support to begin.
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