09/02/06 - Charity in care charge challenge

A Cumbrian charity has started a legal challenge over legislation which it says has far-reaching implications for elderly people suffering from dementia.

Age Concern South Lakeland is taking on the secretary of state for health in the judicial review challenge.

It says rules unfairly bind councils to charge individuals for accommodation in nursing homes, when failing health means they have to leave their homes.

The challenge was initially brought on behalf of an 81-year-old woman.

It concerns the minister's decision last April declining to amend the 1992 National Assistance Regulations.

The charity says it is unfair for individuals to be charged for accommodation in nursing homes, where they have been subject to guardianship orders, even when the individual does not want to leave their home.

The challenge had first been raised on behalf of the 81-year-old woman, who died last September, after she was transferred to a nursing home from her home.

A guardianship order was imposed due to her deteriorating state and it was judged necessary to take her into the residential home.

Cumbria County Council transferred Mrs Johnson into the nursing home despite her insistence that she wanted to stay.

She lived there between November 2004 and March 2005 and was charged £5,500.

Age Concern is continuing to fight the case because of the public interest issues.

Last year she was given permission to challenge the legality of the provisions, but the case reached the High Court on Thursday as Mr Justice Silber was asked to rule whether Age Concern should be allowed to take over the case.

The judge reserved his decision on that issue.

Source : BBC