Fight over care home bills may cost NHS

A pensioner is mounting a legal battle to force NHS Scotland to pay for her mother’s care home costs – a challenge which could spark claims on behalf of sick and elderly residents across the country.

Agnes Benn, who is 87 and sufferers from dementia, kidney failure and other health problems, has been admitted to a care home and is now faced with the prospect of selling her own house to foot the bill.

Her daughter, Nan Christie, read about cases in England, where the families of people with conditions such as Alzheimer’s disease won back tens of thousands of pounds of care home costs from the health service.

Now Ms Christie, who is 70 herself, is attempting to follow in their footsteps. She has obtained legal aid to make initial inquiries and her solicitor is gathering evidence. Ms Christie, from East Lothian, said: “I am angry about the way older people are being treated in this country.

“My parents never took anything from the state and my mum never went to the doctor. She didn’t smoke, she didn’t drink much – she did not even have a glass of wine at Christmas. But when she needs help, she’s got to pay for it.”

Charity Age Scotland says if someone needs care because of health problems then it should be funded by the Scottish NHS. But if Ms Christie is successful it could the lay the NHS open to a flood of claims at a time of significant financial pressure.

Mrs Benn worked in a factory until she was 70 and her late husband was a miner until he retired at 65. Between them they were able to buy their council home in Macmerry – 13 miles from Edinburgh city centre.

Widowed 12 years ago, Mrs Benn remained in good health until last summer when she collapsed at home and was admitted to Edinburgh Royal Infirmary where she was diagnosed with advanced osteoporosis and dementia.

She was later transferred to the Astley Ainslie Hospital, where she broke her hip earlier this year. She went on to suffer kidney failure. Now she is in a care home where Ms Christie said the fees are £570 a week.

Ms Christie said: “We were told we would have to sell her house to fund her care because she did not have any savings. My mum wanted the house to go to her family. If she could understand she would be angry.”

Ms Christie decided to take legal action after reading about the English cases on the internet. Her solicitor, Cameron Fyfe, said the case is based on arguing that Mrs Benn needs care because of her health problems and NHS Lothian should therefore foot the bill.

“It is one of those cases that will be extremely important to a multitude of people,” he said. “It could open the door to many others demanding the NHS pay these huge bills.”

Charles Swainson, medical director of NHS Lothian, said: “Patients are only discharged following a thorough clinical assessment by a multi-disciplinary team that they no longer require hospital treatment.

“In some cases patients may require nursing home care and support because they are unable to care for themselves at home.”

A Scottish Government spokeswoman said: “The system of financial support for elderly people requiring residential care aims to be as fair and equitable as possible and to provide extra help to those who need it most.

“If an elderly person has health needs so complex they can only be met by NHS specialists, then the health service will fund the cost of that care.”

She pointed out Scotland’s free personal care policy means the frail elderly can receive some elements of care at no cost.

Lindsay Scott, communications and campaigns manager for elderly care charity Age Scotland, said: “We need absolute clarification on the distinction between health care and social care. If someone’s care needs are as a result of health problems then the NHS should be footing the bill. This is going to have an impact on the NHS and we do not want to bankrupt the NHS.

“That is why it is important we start talking seriously about the whole issue of care.”