News

Thousands of people could receive care in their own homes following a landmark ruling. Alzheimer's sufferer Malcolm Pointon, who is severely disabled and looked after by his wife, was denied free NHS care at home although offered it at a nursing home or hospital.

Last November the health service ombudsman upheld a complaint from Pointon who is now receiving care at home funded by the NHSto the tune of £1,000 a week paid for by South Cambridgeshire Primary Care Trust.

Julia Ross, social services director, London Borough of Barking and Dagenham

"It seems nonsensical on the face of it that free at the point of entry NHS care should be dependent on where you are, so this judgement must be right. However, I hope we are not going to find this is a new version of the medical and social baths merry-go-round. As the management of chronic disease in the community becomes more prevalent, we'll no doubt see many more of these sorts of dilemmas."

Bill Badham, development officer, National Youth Agency
"The ombudsman's decision in favour of the Pointons is a landmark ruling with huge repercussions. It is a victory for self-advocacy and the empowerment of carers and those they care for. It is also a further step toward the vital joining-up of health and social care planning, commissioning and budgets in the best interests of the community served by local authorities and primary care trusts. And it shows again that community care costs. Additional government money must now underpin the high principle of this ruling."

Martin Green, chief executive,Counsel and Care
"I am pleased the ombudsman has decided that people who suffer from dementia can receive free NHS care. The scandal is that Mr Pointon had to go through a long and protracted process to justify his care needs and to establish his rights. In the future we will see an increasing need for services that support people with dementia and the government must start planning immediately to ensure that services are available, accessible and above all flexible. This means that we not only need clear criteria about access to services, but we also need to be flexible about where they are delivered."


David Comley, director of social work services at Glasgow Council
"This ruling would be difficult to parallel in Scotland as the policy and legislation is now quite different. In July 2002 free personal care was introduced for people aged 65 years and over both in their own homes and care homes. Free nursing care was also introduced for care home residents of all ages. Thus for those in Scotland over the age of 65 living at home, nursing care is free, through the district nursing services. "

Felicity Collier, chief executive, Baaf Adoption and Fostering
"Society relies on families carrying the burden of caring round the clock for confused and vulnerable people, to avoid the pain of the deterioration which so often follows hospital admission. The cost to the carers' quality of life and own health is huge. This ruling could even make economic sense - a parallel is foster care for children. What went wrong in that case was the failure to transfer the funding saved from residential provision. The NHS should learn from this."