Can a solicitor help with an NHS Continuing Healthcare (CHC) appeal?
Appealing an NHS Continuing Healthcare (CHC) decision can be a challenging and emotional process. Many families are left wondering whether they should manage the appeal themselves or seek professional advice.
While there is no requirement to instruct a solicitor or professional advocate, NHS Continuing Healthcare appeals regularly involve complex eligibility criteria, detailed medical evidence and strict procedures. For some families, specialist support may offer reassurance and help ensure their case is presented as clearly and effectively as possible.
In this guide, we explain when legal advice may be beneficial and what to consider when deciding whether professional support is right for you.
Do you need a solicitor for a CHC appeal?
You can appeal an NHS Continuing Healthcare decision without legal representation, and some families choose to manage the process themselves.
However, the appeals process can be difficult to navigate, particularly when you’re also supporting a loved one with complex health needs. Understanding the National Framework for NHS Continuing Healthcare, reviewing assessment documents and gathering the right evidence can all be challenging without specialist knowledge.
Seeking legal advice doesn’t mean giving up control of your appeal. Instead, it can provide professional advice, help you understand your options and ensure your case is presented as effectively as possible.
What does a CHC solicitor do?
A solicitor with experience in NHS Continuing Healthcare can provide support throughout the appeals process, making sure your case is based on the correct legal framework and supported by appropriate evidence.
This may include reviewing the Checklist and Decision Support Tool (DST) to determine whether they accurately reflect your loved one’s needs, identifying procedural errors, collating and reviewing essential evidence, advising on the strength of your case and preparing detailed appeal submissions. Where appropriate, a solicitor may also represent you at Local Resolution Meetings and/or Independent Review Panel (IRP) hearings and ensure appropriate reimbursement if your appeal is successful.
Some specialist firms, such as Farley Dwek, combine legal expertise with clinical knowledge by working alongside experienced Continuing Healthcare Nurse Assessors. This multidisciplinary approach can help guarantee both the legal and clinical aspects of your case are carefully considered.
When should you seek legal advice?
Every family’s circumstances are different, but obtaining specialist advice may be particularly helpful if:
- Your NHS Continuing Healthcare application has been refused.
- You believe important medical evidence has been overlooked.
- The Decision Support Tool (DST) does not accurately reflect your relative’s needs.
- You think the assessment process was not carried out correctly.
- Significant care costs are involved.
- You’re appealing on behalf of a family member who has passed away.
Seeking advice early can also help you understand the appeals process and avoid common mistakes that could weaken your case.
Can a solicitor improve your chances of success?
No solicitor can guarantee that a CHC appeal will be successful. The outcome will always depend on the individual’s care needs, the available evidence and how the eligibility criteria apply to their circumstances.
However, specialist legal support can help ensure that your appeal is thoroughly prepared. A solicitor can identify gaps in the evidence, challenge procedural mistakes and present your case in line with the National Framework for NHS Continuing Healthcare. This can help ensure your appeal is considered fairly and supported by the strongest possible evidence.
For many families, having experienced professionals manage the more complex and time-consuming aspects of the appeal also provides relief during what is often a stressful and emotionally demanding time.
How do you choose the right CHC solicitor?
If you’re considering professional support, it’s important to choose a solicitor with specific experience in NHS Continuing Healthcare rather than general healthcare law. A firm with a proven understanding of the National Framework and experience handling CHC assessments and appeals is essential.
It can also be beneficial to work with a team that includes specialist nurses or clinical experts who provide both legal and medical insight into your case. Before instructing a solicitor, make sure you understand the services offered, how fees are structured and the level of support you can expect to receive throughout the appeals process.
How Farley Dwek can help
Our experienced NHS Continuing Healthcare advisors work alongside qualified CHC Nurse Assessors to provide specialist legal and clinical support throughout the appeals process. We help families review eligibility decisions, identify suspected errors, gather supporting evidence, and prepare robust appeals tailored to their individual circumstances.
Whether you’ve recently received a refusal, are considering an appeal or simply want to understand your options, we are here to provide clear, practical advice and guide you every step of the way.
If you’d like to discuss your NHS Continuing Healthcare case, contact our team to find out how we can help.
