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Case study: Mr Eric Halloway from Kent

Mr Eric Halloway

Eric Halloway was diagnosed with Alzheimer’s disease and lived in care homes in South Kent from 2004 until he died in 2009. He sold his home to pay his care fees.


Mr Halloway suffered with severe dementia. He was also anxious and depressed, unable to communicate, incontinent and in pain. In 2012, Hugh James requested a full retrospective review of Mr Halloway’s period in care. In July 2016, an organisation working on behalf of the NHS concluded that Mr Halloway was not eligible for NHS funded care at the time.

Following numerous appeals and partial overturns, the case went all the way to an Independent Review Panel in January 2020. The panel decided that Mr Halloway was eligible for a full refund of all care fees. After 8 years of fighting, the family recovered a total of over £170,000 in settlement of the claim – all fees plus interest.

Eric’s son, Richard, said:

My father spent 22 years in the RAF - we felt it wrong that he should have been forced to sell his home and use his savings to fund his care. This process has taken 8 years to complete. I urge other families not to be swayed by the system.

 

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.

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