This is why you could be forced into a care home...

[dutchman]

Health bosses are being pursued through the courts over policies which stop people receiving care at home if the costs are too high

Two NHS bodies in Coventry and Warwickhsire have been threatened with legal action over policies that could see people forced out of their homes and into residential care.

People are having to move in to care homes if the cost of their care at home is too much, the Equality and Human Rights Commission (EHRC) claims.

It says the policies “breach the human rights of patients”.

The legal action is being taken against 13 Clinical Commissioning Groups (CCGs) - the bodies that are responsible for planning and commissioning health care services for their local area - including Coventry and Rugby, and Warwickshire North.

It all centres around the CCGs’ policies on NHS Continuing Healthcare - the package of care which is provided outside hospitals, such as in people’s homes or in a care home, but is arranged and funded solely by the NHS through CCGs.

People must have a ‘significant health need’ that goes above and beyond usual social care needs, such as help with washing or dressing.

But the EHRC has raised concerns about the policies in some regions having arbitrary caps on funding and failing to consider the specific needs of individual patients.

The announcement follows an investigation by BBC Radio 4’s You And Yours programme.

It found that some CCGs are bringing in ‘settings of care’ policies which mean if an NHS continuing care package for someone to live at home costs more than the cost of a place in a care home, they may have to go into residential care.

The EHRC said if the 13 CCGs fail to provide evidence to demonstrate their policies are lawful, or do not take steps to review them, they will be taken to court.

The CCGs have 14 working days to respond, after which decisions about starting court proceedings will be made, the EHRC said.

Coventry and Rugby CCG say it is aware of the situation and is waiting to receive correspondence from the Equality and Human Rights Commission before commenting.

Warwickshire North CCG has also been contacted for comment.