Case study - summary

Mrs Evangeline McConnell, Born 18 November 1922

In October 2002, Mrs McConnell was admitted to the Royal Edward Hospital in Wigan as she had suffered a severe stroke. She was then transferred to Leigh Infirmary for a period of rehabilitation but the family were told that she could not be discharged home as she needed 24 hour nursing care. She was then transferred to Arncliffe Nursing Home in Halewood, Merseyside, in April 2003. She was then transferred to St Bartholomews Nursing Home in Huyton, Merseyside, where she remains. The family were told that due to Mrs McConnell’s capital and income, she would have to pay for her own nursing care.

Case history

  • In April 2003, Mr McConnell on behalf of his mother, asked the Hospital to undertake a full continuing healthcare assessment. Following an appeal in March 2004, Ashton Leigh and Wigan Primary Care Trust concluded that Mrs McConnell was not eligible for NHS Continuing Healthcare. Due to the complexity of the system and the upset it caused to the family, they did not challenge the decision any further.
  • A number of nursing assessments were undertaken by Knowsley Primary Care Trust but it was not until January 2008, that they concluded she was eligible for NHS Continuing Healthcare. 
  • In May 2008, Mr McConnell instructed Hugh James solicitors to challenge the decision that his mother was not eligible for NHS Continuing Healthcare from April 2003 to January 2008. 
  • There was a dispute between Ashton, Leigh and Wigan Primary Care Trust, Knowsley Primary Care Trust and Liverpool Primary Care Trust over who was responsible for undertaking the review. 
  • Liverpool Primary Care Trust undertook the retrospective assessment and concluded that Mrs McConnell was eligible for NHS Continuing Healthcare from April 2003. This decision was eventually accepted by Ashton Leigh and Wigan Primary Care Trust and they reimbursed Mrs McConnell for the wrongly paid care fees and interest.

ContactLisa Morgan

Lisa Morgan

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E lisa.morgan@hughjames.com

T 029 2022 4871


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