www.NHSCare.info/EvelynLovelock

updated 1300 Friday 24th August 2007

"You can shed tears that they have gone, Or you can smile because they have lived. You can close your eyes and pray that they'll come back, Or you can open your eyes and see all that they have left. Your heart can be empty because you cannot see them, Or you can be full of love that they have shared. You can turn your back on tomorrow and live for yesterday, Or you can be happy for tomorrow because of yesterday. You can remember them, and ache that they have gone, Or you can cherish their memory and let them live on. You can cry, and close your mind, be empty, and turn your back. Or you can do what they would want, Smile, open your eyes, love and go on."

Evelyn Lovelock passed away at Holyport Lodge nursing home on Monday 24th February 2003.

This page was originally established for those with a need to know: e.g. staff within NHS and Social Services organisations involved in decision making related to Evelyn Lovelock's case. It includes letters written by her son Robin, with legal advice from Derek Cole. It was made public on 12th March 2003 after Robin decided that it was in the public interest to do so. For general information you should first visit the public site www.NHSCare.info which provides information and free advice on claiming 100% NHS funded care, under the law.

Readers may read the letter from Robin's legal advisor, Derek Cole, to Nick Relph, Chief Executive of TVSHA dated 14th March 2003. If so, click on "we shall sue members of your board personally" Derek Cole's letter to Teresa Blay of TVSHA, dated 19 April, may be seen on tvha22a

Evelyn Lovelock's case mentioned on BBC TV ...

Robin on BBCTV South Pam - the video

In the BBC TV "The Politics Show", reporter Caroline Richardson said, "... in the end, Wokingham Council backed down". These words were not suggested by Robin, but they do seem to be a fair statement of the situation described under "Summary of Current Situation" below. The following text and videos below are from our Press Page.

The first is part of the piece put together by reporter Caroline Richardson for inclusion in "The Politics Show" which was broadcast in late January 2007. This went out in the BBC TV South region of UK. This material is copyright of the BBC and I will remove it from this web site if requested to do so. You may view the video here. The next video is Robin's very amateur attempt to produce a video that attempts to inform and give advice. It was a joint effort by Pam Coughlan and Robin, when they met on Sunday 18th August 2007. You may view the video by clicking on Pam - the video.

Summary of Current Situation

Evelyn Lovelock moved on 18th November 2002 from Battle Hospital into Holyport Lodge nursing home. Her medical conditions included Alzheimer's, Fibrosis Alveolitis (lung desease), Deep Vein Thrombosis and Arthritis. Evelyn received excellent care in Holyport Lodge until she passed away on Monday 24th February.

Neither NHS or Social Services accepted that the NHS must pay 100% of Evelyn Lovelock's care under Coughlan. Social Services had not even asked NHS to pay, and still do not admit that their actions were unlawful.

Robin Lovelock received a 'phone call at 1525 on Thursday 29th September from Laura Taylor of Wokingham District Council (see mention of Laura Taylor in WSS3 dated 26 September). She stated that their claim of 1924.12 had been "written off" after they took legal advice. She said that I could expect a written reply to my letter to Alain Wilkes.

Mr Wilkes replied to WSS3 on 25th October 2005, and makes no reference to their previous claim of 1924.12 in any way. No reference is made to the larger claim against Wokingham District Council. He maintains his position that WDC and himself have not acted unlawfully. Mr Wilkes letter is ref:AJW/sp dated 25th October 2005, and was copied to Nick Relph, Chief Exec. of TVSHA, Karen Jackson, Peter Taylor and Sarah Barrow.

Letters written by Robin Lovelock

Please click on the Ref link (e.g. WSS3) to access the letter, including full distribution details.

to Simon Metcalf, Department of Health, London. subject:Feedback on DoH National Framework. 11 September 2006. Ref.DOHNFRL1
to Alain Wilkes, Wokingham Social Services. copied to Nick Relph of TVSHA and others. 26 September 2005. Ref.WSS3
to Mr Keith Neary, Commons Select Committee Inquiry into Free Continueing Care. 9 Feb 2005. Ref.HOCSC1
to The Information Officer, Royal Berkshire and Battle Hospital Trust (RBBHT). 9 Feb 2005. Ref.NHSC6
to Paul Britain, Policy Manager, Care Direct, Dep. of Health. 16 Oct 2003. Ref.CAREDIR1 <-see reply.
to Iain Duncan Smith, MP. 25 Sep 2003. Ref.IDS1 <-see reply.
to Alain Wilkes, Wokingham Social Services. 30 September 2003. Ref.WSS2
to Gordon Lishman OBE, Director General, Age Concern. 28th August 2003. Ref.AGECON2
to Charles Kennedy, MP. (Leader of Liberal Democrats) 30 July 2003. Ref.LIBDEM1 <-see reply.
to Dr John Reid, MP. (Health Secretary) 1 July 2003. Ref.JREID1 <-see reply.
to Ann Sheen, Mark Gritten, Stefanie Seign and others at RBBHT. 23 June 2003. Ref.NHSC5
to The Data Commissioner's Office. 23 May 2003. Ref.DATAPRO1
to NHS Ombudsman, Nick Relph of TVSHA and others. 28 April 2003. Ref.NHSOMB2
to Beverley Malone, General Secretary, the Royal College of Nursing. 28 April 2003. Ref.RCN1
to Alain Wilkes, Wokingham Social Services. 2 April 2003. Ref.WSS1
to VF Gooding CBE, Chief Executive of BUPA. 17 March 2003. Ref.BUPA1
to Nick Relph, Chief Exec. of TVSHA, and many others. 12 March 2003. Ref.NHSC4
to Holyport Lodge. Notes of 22 January meeting with NHS/SS. 6 February 2003. Ref.HOLYP5
to Nick Relph, Chief Exec. of TVSHA, and many others. 4 February 2003. Ref.NHSC3
to Sue Moore Wokingham PCT, copies to Chief Execs, etc. 28 January 2003. Ref.SUEM3
to the Land Registry. 7 January 2003. (objection to a charge on property) Ref.LANDREG1
to Councillor PE Helliar-Symons. 28 January 2003. Ref.PHS2
to Councillor PE Helliar-Symons. 25 January 2003. Ref.PHS1
to Holyport Lodge Nursing Home 11 January 2003. Ref.HOLYP4
to Sue Heatherington ChE WPCT 6 January 2003. Ref.SUEH1
to Holyport Lodge Nursing Home, WSS. 3 January 2003. Ref.HOLYP3
to Sue Moore WPCT, Appeals Convener WPCT 30 December 2002. Ref.SUEM2
to Marjorie Ireland, WSS ... Sue Heatherington ChE WPCT 23 December 2002. Ref.SUEM1
to Sue Heatherington ChE WPCT, Mark Gritten ChE RBBHT 18 December 2002. Ref.NHSCW1
to Mark Gritten ChE RBBHT 13 December 2002. Ref.NHSC2
to Mark Gritten ChE RBBHT 6 December 2002. Ref.NHSC1
Invoice to Anne Bray, WSS. 2 December 2002. Ref.ANNEB1
to Geoff Chivers, Age Concern Berkshire. 29 November 2002. Ref.AGECON1
to the NHS Ombudsman. 25 November 2002. Ref.NHSOMB1
to Jane Griffith MP (Lab). 22 November 2002. Ref.JANEG1
to Michael Trend MP (Con). 22 November 2002. Ref.MTREND1
to Anju Bhatti, WSS. 19 November 2002. Ref. (after taking legal advice) ANJU4
to Anju Bhatti, WSS. 12 November 2002. Ref. (before legal advice) ANJU3
Extracts from "Eve Lovelock's Care" Issue 1.0 12th November 2002 Ref.EVESCARX

Abbreviations used above:
ChE = ChiefExecutive
DChE = Deputy Chief Executive
WSS = Wokingham Social Services
WPCT = Wokingham Primary Care Trust
RPCT = Reading Primary Care Trust
RBBHT = Royal Berkshire and Battle Hospitals Trust
TVSHA = Thames Valley Strategic Health Authority

Summary of Events leading to Current Situation

These paragraphs from the documents listed below summarize events until now:

from EVESCARX dated 12 November 2002 :
"(this) document will be important as evidence in any future court action or threat of court actions - particularly if and when the money from the sale of mum's house runs out, and funding reverts back to the local authority. Robin needs to protect the interests of the family. It is possible that others should be paying for Eve's care. "
and
"Robin and Sally will do whatever they believe is in their mothers immediate and longer term best interests.
However all rights are reserved on behalf of Eve regarding her care. "

from ANJU3.RTF dated 12 November 2002 (before taking legal advice) :
"My sister Sally is progressing the issue of taking Power of Attorney with solicitors, and we may also be taking legal advice concerning who bears the longer term cost of Eve's Care. However, I do not see that this issue need delay doing what I think we all agree is right for Eve now - moving her into Holyport Lodge. It does mean that, until we have received legal advice, Eve, and ourselves acting for her, Reserve All Rights. "

from ANJU4.RTF dated 19 November 2002 (after receiving legal advice) :
"...we should not pay any contribution towards the cost of Eve's care, since this should be paid for by the NHS. The rules and procedures currently being followed by the local authority are probably unlawful, since the 1999 Court of Appeal 'Coughlan judgment'. "
and
"... Ombudsman has ruled ... NHS must pay the full fees (100%) for patients like my mother."
and
"The enquiry into my mother's means was unlawful as under the Health Acts the NHS cannot make any such enquiry. You should recover all your costs from the PCT under 'Coughlan'. The Minister's circular of 11th August 1999, after Coughlan, directs that (in cases like my mother's) Nursing home fees are to be fully paid out of public funds until the legal position is settled, and I ask you to confirm that Holyport Lodge will be paid in full out of public funds."
and
"I shall challenge any attempt to 'charge' her property on the Land Registry as unlawful."

from SUEM1.RTF dated 23 December 2002 :

"We are following your unlawful procedures, as explained in ANJU4.RTF to Anju Bhatti, now replaced by Marjorie Ireland of Wokingham Social Services. i.e. we are currently paying Holyport Lodge direct for my mother's contribution, and invoicing the same ammount, with 1%/week interest, to Social Services. We will gratefully accept the "interest free loan" offered verbally by Anju Bhatti and Marjorie Ireland of Social Services, to start at the end of the first 3 months in Holyport Lodge. We understand that you will be charging costs unlawfully to the 23, Catalina Close property, for reclaim when it is sold. We have no immediate plans to sell the property, and will be relying on you to provide all payments needed to Holyport Lodge after January 2003. Meanwhile letters will continue to support our claim that these costs, currently being borne by Social Services, should be 100% funded by the NHS. We are happy for 'the law to take its course' on this. "

from HOLYP3.RTF dated 3 January 2003 :

"Please ensure that future invoicing, after January, for my mother's care is as follows:
Health Authority: 106/week as instructed by Social Services.
Anne Bray, Social Services 489/week + 155/week = 644/week
i.e. invoicing us for my mother's contribution should cease after January."

from HOLYP5.RTF dated 6 February 2003. Notes of 22 January meeting with NHS & SS at Holyport :

"5) Have Social Services yet requested 100% NHS funding for my mother's care ?
Alain: NO
6) If not, why not ?
Alain: because they believe that they do not need to make that claim. "
and
"8) Do Social Services understand that their actions to date have been unlawful ?
Alain: claimed that SS had not been operating unlawfully".

In February 2003 neither NHS or Social Services have accepted that the NHS must pay 100% of Evelyn Lovelock's care under Coughlan. Social Services have not even asked NHS to pay, and still do not recognise that their actions have been unlawful. All recognise that this issue must be addressed by those further up the chain: see below.

Persons with the "need to know"

Persons with the "need to know" details on this site include those within the NHS and Social Services dealing with Evelyn's case, their line managers, local MPs and councillors, and Evelyn's close friends and family.

For the detailed list of individuals please click here

This page was made public on 12th March 2003 after Robin decided that it was in the public interest to do so. The list identifies those who may be defendants or asked to give evidence in any future litigation after the amnesty described on nhscare.info.