Monica and Judy's Page

(for "Judicial Review for 210 ?" see bottom of this page)

updated 0800 Thursday 13th November 2003

Letters to MPs Monica Perrott and her friend Judy Kanani have joined the campaign to inform the UK public of their right to 100% funded long term care. The press release below provides the detail and how to contact them. Monica first discovered www.nhscare.info early this year and was put in touch with Derek Cole who has provided her expert legal advice. Her friend Judy is a mature student studying law and has decided to do research in this field of claiming back care home costs under Coughlan. MP Sir Teddy Taylor has been helping people in his contituency like Judy and other claiments in this photo, and came along to help them post over 750 letters and speak to journalists. Larger versions of this picture and others are available from Monica, on the right of the picture. Sir Teddy is in the centre, surrounded by women, and Judy is at the front - left. Immediately left of Sir Teddy are two local people who are being assisted by Derek Cole in similar claims. Two young postal workers also lend a helping hand. Why the smiling faces over such a serious subject ? Well, immediately after these letters were collected, the post box was sealed up as part of the postal strike - so they only just made it in time ! :-)

Press Release of 30th October: Monica's Letter to MPs

from Robin Lovelock, editor of www.nhscare.info : very few people yet know that since 1948, under the law, the NHS are obliged to pay 100% of long term care cost. This is despite publication of the Ombudsman's report in February of this year. Those few who know have been claiming back the tens of thousands paid by their family under the "Coughlan" appeal Court ruling of 1999. It is estimated that some 10 billion of claims have yet to be made - mostly by those families whose homes were sold to pay for the care home. Monica Perrott recently won her appeal process to the Ombudsman, but in a press statement, Gloucester Health Authority said she "would not get a penny" until they had reviewed her late mother's case again. Monica has joined those campaigning for nation-wide flouting of the law by NHS and Social Services to become public knowledge, and on Friday 31st October, aided by others, will be posting the letter below to every MP and peer, requesting their help. Journalists wanting more information should start by visiting www.nhscare.info and the overview page. Monica and her friend Judy Kanani will be posting the letters at a Southend-on-Sea postbox. (contact details removed from this page by Robin in April 2006)

20th October 2003

Dear (name of MP)

After consulting Pam Coughlan, who won a Court of Appealing ruling that those with 'disabilities' or whose 'needs are primarily health needs' are entitled to 'free continuing care', could I ask you to bring the decision to the notice of your constituents and even complete a brief survey form about their needs?

With the support of my late mother's M.P, Parmjit Dhanda I have won a re-assessment on Appeal to the Ombudsman and my legal adviser Derek J.Cole M.A. (Law), LL.B. (Cantab) tells me that Paul Burstow M.P, Michel J.Foster M.P, Richard Ottaway M.P., Andrew Mackay M.P., Nick Harvey M.P., Jim Murphy M.P, Simon Burns M.P, Norman Baker M.P., Stephen Twigg M.P., John Burnett M.P., Andrew Steen .M.P., Colin Breed M.P., Eric Forth M.P., Eric Hammond M.P., David Rendell M.P. Dr Spink M.P., David Curry M.P. and others have been very helpful and even secured a refund of fees unlawfully charged.

As a result of joint pressure from M.P.s. and the Ombudsman, S.H.A.s. are struggling to comply with the ruling but falling into chaos. For instance, the S.W.Peninsula. S.H.A. wrote to say the problems are

(1) Managing the backlog of cases

(2) Complexity of some individual circumstances

(3) Difficulties with tracking retrospective patient notes across health, social care and
the independent sector.

(4) Difficulty in working under new rules of consent and confidentiality.

(5) Access to independent clinical advice

(6) Staffing'

The three of us would be delighted to assist your staff if you are asked for help by your constituents. It would also help us insist the law is obeyed if you could return the brief survey slip enclosed.

It would also help ensure that the Law is obeyed if you could write to the Secretary of State to urge him to adopt the Sutherland Report back-dated to April 1996 as the only workable solution. At the very least, the 'Coughlan' ruling should be applied to all in the Middle and Top Bands of Nursing Care, as Pam Coughlan clearly answers the description of those in the middle band - and she is entitled to free care. There must be a clear, workable ruling.

For further information please visit www.nhscare.info

This letter has been approved by Pam Coughlan and Derek Cole.

Monica Perrott

A copy of this letter has been sent to every MP.

______________________________________________________
To Monica Perrott
235 Green Lane
Eastwood
Essex SS9 5QN

I have so far received ........ enquiries from constituents about 'free continuing care' arising out of the Coughlan Case and/or the Ombudsman's report.

I know of ........ constituents who have received 'free continuing care' as a result of the Coughlan Case/Ombudsman's report.

From ............................ M.P

Judicial Review for 210 ?

Please see below for details of how to proceed with Judicial Review. You will need a Judicial Review pack which may be ordered by telephone from the Administrative Court. The telephone number to request the pack is 0207 9477 366.

A claim for Judicial Review means a claim to review the lawfulness of an enactment or a decision, action or failure to act in relation to the exercise of a public function.

The Court requires an initial payment of 30 to lodge the claim form (form number N461) and a further 180 if permission to go ahead is granted. All cases are heard at the High Court in The Strand.

It is important to lodge the application to seek judicial review within 3 months of completing the local complaints procedures. This in effect means that one must decide if they wish to take up the issue with the Ombudsman or seek judicial review, we believe that due to the backlog of cases seeking help from the Ombudsman, it is highly unlikely that you will get notification from the Ombudsman as to whether she will, or will not consider your case within this 3 month period.

It would seem like the procedure is not difficult and can be decided quite simply on documented evidence, or one can appear in person to present their case. However, Judy and I sought further clarification of the procedure from the court, who we must add, were very helpful. It was established in this conversation that many people do have legal representation by a Barrister or Solicitor advocate to present their case. This not essential; please remember that legal representation would, of course incur extra costs but may be beneficial.

Judy and I are at the moment looking into the possibility that there may be some charity that may have either a Barrister or A Solicitor advocate who may work pro bono or, possibly on a no win no fee basis. Anyone with POA can seek judicial review in the interest of the patient and most importantly, use the patients assets to do so.

Good luck

Monica Perrott and Judy Kanani