Continuing Healthcare Solicitors

NHS Continuing Healthcare (CHC) is NHS healthcare funding provided by Integrated Care Boards (ICBs) in England and Local Health Boards (LHBs) in Wales.

CHC is awarded to adults who need higher levels of health interventions and treatments.

If you need help appealing a decision on CHC eligibility, our specialist CHC lawyers are here for you.

Speak to an expert

Why choose Irwin Mitchell’s Continuing Healthcare (CHC) solicitors?

Our lawyers have significant years of experience in securing healthcare funding for our clients through CHC appeals. We give detailed advice on why a decision should or shouldn't be appealed. Our CHC lawyers are very knowledgeable about what the appeals should contain to get the best result.

Eleanor Swain, a specialist Public Law & Human Rights solicitor, is highly experienced in appealing CHC eligibility. A client she helped with the appeal of the CHC eligibility of her late husband recently left this review:

“Eleanor was so kind and so helpful. I would have thrown in the towel long ago without her help and understanding of everything I was going through."

We’re flexible in how we work with you. With offices across the UK, we can arrange to meet you somewhere that’s local to you. If you’re unable to travel, we can visit you at home or in hospital or communicate via phone or video calls.

Speak to our experts

We have the largest private client team in the UK; our team of experts are here to provide discreet legal advice to support you and your family.

Yogi Amin

Partner and National Head of Public Law and Human Rights

Find out more

Meet our experts

Yogi Amin

Partner and National Head of Public Law and Human Rights

Find out more

How will Irwin Mitchell's solicitors help me get CHC?

We can advise you about merits of a CHC appeal.

Appealing a negative eligibility decision

We can review a negative NHS Continuing Healthcare decision by the Integrated Care Board in England and Local Health Board in Wales. We'll advise you on whether the decision can be appealed and what information is needed to appeal. We can draft this appeal, represent you at any meetings, or advise on any expert nursing assessments and other evidence needed for your case.

If unsuccessful appealing to the ICB, we can advise on the merits of a further appeal to NHS England for an independent review or judicial review.

Children and young people

Continuing care for Children and Young people is also assessed by the ICBs in England and Local Health Borads in Wales. This is based on a different National Framework and determines eligibility for NHS services available to people under 18.

We can also help with appeals of NHS continuing care for under 18s and the transition from children to adults CHC.

Refusal to assess

We can advise on the prospects of challenging a decision to refuse a CHC assessment and assist you with drafting the appeal.

Package of care in the community

We can advise on challenging a decision to reduce the care provided in a CHC package in the community.

Making an enquiry

We have several ways you can contact us, either by completing our online contact form, by phone, or using our live chat. If you start your journey online, here are the first steps to working together.

Complete our online form
We need a few details to understand your situation and the kind of support you need.
We’ll contact you by phone
On the call our experts will ask you a few more questions to make sure we connect you with the right legal advice from our team.
We arrange a full appointment
If we're able to support you further, the next step is an appointment with one of our specialists so we can discuss everything in more detail.

Get in touch

Frequently Asked Questions

What are the differences between healthcare and social care?

A healthcare need involves the treatment, management, or prevention of diseases, illnesses, injuries, or disabilities. It also involves the care and aftercare of the person facing these challenges.

In contrast, a social care need focuses on giving support for daily living activities. This includes:

Personal care
Help with social interactions and activities
Meals.

Your care needs to be assessed as complex, intense or unpredictable to be awarded CHC. CHC funding can be provided if you live in nursing or residential care or if you receive care at home.

The National Framework is the main guidance document for helping people and assessors with CHC assessments and appeals.

If you're thought to have a primary healthcare need, or if you've moved into a care home, you should have a screening assessment. This is known as a checklist assessment.

The checklist assessment is used to screen out those who've a level of need too low to be considered for the next stage in the assessment. The next stage is to complete the decision support tool (DST).

The DST is the main assessing tool for considering whether someone is eligible for CHC funding. It focuses on 12 areas of need:

Breathing
Nutrition – food and drink
Continence
Skin and tissue viability
Mobility
Communication
Psychological and emotional needs
Cognition
Behaviour
Drug therapies
Altered states of consciousness
Other significant care needs.

Can I appeal the Decisions Support Tool and checklist decisions?

You've six months from the date of the decision letter to appeal a negative checklist of the DST assessment or checklist assessment.

In this appeal, you'll need to give as much evidence as possible. This includes evidence from any care provider, medical professional, and GP records. You will also need to give evidence of your daily healthcare needs, and the support required to meet those needs.

Supporting evidence is vital when appealing a decision as CHC decisions are evidence-based decisions. So, make sure you get this evidence to add to your appeal, including, care plans and daily records.

If you need help in appealing a CHC decision, our solicitors are here for you.

What are retrospective reviews and what are the deadlines?

Retrospective reviews are CHC assessments which examine a previously unassessed period of care. This determines whether you should have had a DST assessment at the time. These reviews also evaluate whether you'd have been found eligible for CHC and, if so, whether you should get backdated CHC funding.

How far back the ICB or LHB can assess depends on where you live. In England, you can request a review of unassessed periods of care from April 2012 onwards only. No care before this date can be considered.

In Wales, the health board only considers the previous 12 months from the date the application is made. So, if you requested a retrospective review from today, the Health Board would only look back 12 months from today.

What is the appeal process?

Once you've submitted your appeal letter, you'll be invited to informal and formal meetings with the ICB or LHB. These are to discuss your appeal and the decision maker’s rationale.

The ICB or LHB will provide a further decision on whether they consider the original decision to be upheld or whether your appeal was successful.

If your appeal is unsuccessful, but you consider the decision to remain flawed, an appeal to NHS England can be made. You can request that an independent review board considers the decision.

Our commitment to you

Our experts always start by listening, so we understand what matters most from day one.

01
Clear legal guidance
You will always get straightforward, honest advice, with regular updates to keep you clear on the way forward.
02
Specialist knowledge
A wide-ranging team of trusted specialists who understand what it takes to protect your future, your family or your business.
03
Your needs first
Whether you’re navigating complex personal situations or business decisions, we take the time to understand your world and what’s at stake.