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Recover Care Home Fees

The NHS should cover the fees of any individual who is living in a care home because of physical or mental health. If you or a relative believe you have paid care home fees that should have been covered by the NHS, Lupton Fawcett can help.


We have specialist solicitors who understand the complexity of the NHS assessment process, who can examine the details of your case and help you make a claim.

Contact our team of care home fee recovery solicitors, based in Leeds, Sheffield and York, for advice on the services we provide by calling us on 0333 323 5292, emailing us or completing an online form.

How Do I Know If I’ve Been Affected?

If you or a relative have had an assessment before entering care and been denied funding, or have privately funded care without having had an assessment, then you should get in touch. 

If you or a relative have been recommended to be taken into a care home and you didn’t require nursing home care and your capital (or that of your loved one) is below £23,250, then you qualify for funding from your local authority.

In our experience, many people have had to sell their homes or use their life savings in order to pay for care. If this is the case for you or a relative - even if your relative has since passed away in care - then we can arrange a retrospective analysis that works similar to the NHS assessment in order to determine if you should have been entitled to funding.

What is NHS Continuing Healthcare Funding?

NHS Continuing Healthcare Funding is the care provided by the NHS to people over the age of 18 who have ongoing healthcare needs but are not currently in hospital. This may take the form of in-home help but, depending on the recommendations of the assessor, may also cover full-time nursing home care.

How Do You Qualify?

The assessment for NHS Continuing Healthcare Funding is a two-stage process. First, you need to request an initial assessment with a nurse, doctor, healthcare worker or social care worker. The assessor will use something called the Checklist Tool to determine whether to refer you on for a full assessment.

If the Checklist Tool indicates that you may qualify, then you will be referred on for a full assessment by a multidisciplinary team of people involved in your care, using the Decision Support Tool. This tool helps determine whether your care needs are health-related.

These assessments may be completed in hospital if staff responsible for your care believe you will require ongoing support when you leave hospital.

How Does This Affect My Spouse/Partner?

Your funding is assessed based on your capital, not your joint household. If you have a pension, eligibility is based on 50% of the value of your pension or joint bank accounts. In addition, you will not be asked to sell your home if other people live there.

What Do I Do Next?

If you are at all unsure whether you or your loved one has paid care home fees that should have been covered by the NHS or local authority, then you should call 0333 323 5292 or email Lupton Fawcett for advice in order to speak to a solicitor about your case.

What Will I Need?

If you or your relative has had an assessment, then you should make sure you have any information or correspondence relating to the assessment to hand. You should also collate any records you have of the fees you have paid for care.

Talk to Us

Contact our team of care home fee recovery solicitors, based in Leeds, Sheffield and York, for advice on the services we provide by calling us on 0333 323 5292, emailing us or completing an online form. We will get to understand your situation and offer you advice on whether you can reclaim any care home fees.

Get in Touch

With Lupton Fawcett on your side, you're taking control. Contact us today.

Enquiry Form

Please complete this form to make an enquiry and we will get back to you as soon as we can.

Remember you can still call us on 0333 323 5292 or email us at privateclient@luptonfawcett.law

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