Frail people are not able to fight injustices says Mrs Coughlan

A report on Thursday by the Health Service Ombudsman said the government's guidance on the eligibility of patients for NHS-funded care places had been "misinterpreted and misapplied" by some health authorities.

The result was that some elderly and disabled patients suffered "hardship and injustice" by wrongly being asked to pay for their care needs.

Pam Coughlan took North and East Devon Health Authority to the High Court in 1999 over its decision to close Mardon House in Exeter.

Ms Coughlan had lived in the NHS nursing home since 1993 and had been promised "a home for life" - she won the case.

'Another assault course'

Mrs Coughlan said many elderly and frail people were not able to fight these injustices.

"It's really another assault course they have to face."

"They have to go through complaints procedures, go to the community health council, get a complaints package, go to the PCT (Primary Care Trust).

"If the PCT doesn't help then they have to take the complaint to an independent tribunal, then a complaints convenor and eventually go to the ombudsman.

"Elderly and frail people and their relatives who may be equally frail can't really do that and I think it's shameful that the government guidance has put the burden on these helpless people."

Health Service Ombudsman, Ann Abraham, has ordered health authorities and trusts to review their policies to ensure that they reflect Department of Health guidance.