NHS Continuing Healthcare – Unfair And Inconsistent

NHS continuing health care provides funded health and social care support for people with very complex needs outside of hospital.

The Nuffield trust recently uploaded a report that shows this system as highly inconsistent, with wide regional variation in eligibility, spending and practice. Families face the process to access CHC at the most difficult time of their lives, navigating opaque rules and financial ambiguity.

The decline in CHC eligibility

Despite rising demand and increased referrals, the number of people deemed eligible for CHC has fallen sharply.

NHS England data shows that by June 2025, only 50,281 people were eligible for CHC, a drop of 8.8% in under four years. This decline is particularly striking given that referrals for CHC assessments have actually increased, from 40,645 per quarter in 2021–22 to 45,823 in 2024–25

So why is this happening?

There are a number of factors that have been stated by Community care and Nuffield trust,

• Where you live matters: Some areas approve far more people than others, even when needs are similar.
• Money pressures: Local NHS bodies are under financial strain, which can lead to stricter decisions.
• Who refers you: Whether you’re referred by a hospital, care home, or local authority can affect your chances.
• Staffing and systems: Some places have better-trained teams and clearer processes than others.

The Impact

For families, the impact is huge. Being denied CHC can mean facing considerable care costs, often during a time of emotional and physical distress. The process itself can be tough, with families left to interpret complex rules and challenge decisions without clear guidance.

How can we help?

Our care funding experts here at Wilson Browne Solicitors understand the emotional and financial toll this system can take. We are here to:

• Review CHC decisions to ensure they are legally sound and based on accurate assessments.
• Challenge unfair outcomes through appeals and representation, if we feel this is needed.
• Support families in understanding their rights and navigating the CHC process with confidence.

The inconsistencies could potentially result in the decisions not being consistent with your loved one’s circumstances. It may be beneficial for a professional who is on your side to be your legal eyes on the decision, ensuring that decisions reflect your loved one’s true circumstances

We can offer fixed fee appointments to discuss you or your loved ones circumstances and care funding options. We are here to help and can be all the help you need.