The NHS have a statutory duty under the NHS Act to provide care 'free at the point of need regardless of the ability to pay'. They avoid doing so by substituting their own 'criteria' to determine who is and is not entitled to receive the NHS care which is the statutory right of every resident British citizen. Action is needed to compel them to obey the law and to gain restitution for all those who have suffered financial loss through their unlawful refusal to comply with the Health Act. The present poll is simply to gauge the likely number of claimants who would in principle be prepared to support legal action to achieve these objectives. We need to assess the likely support in order to estimate individual cost. This poll does not in any way commit you to anything. This poll is sponsored and supported by the 'nhs Continuing Care Campaign' and is not restricted to campaign members. If YOU support the proposed action please post 'YES' on the forum adding your forum 'nickname' and your geographical location - town/county.(Those who DON'T support the proposed action should NOT respond!)Members of other organisations will be invited to co-join the proposed action. This poll will close after 30 days. Steve.

The Campaigns solicitors would need to introduce themselves publicly on this forum and reassure us that they have the required knowledge and expertise to take this forward.

Assuming the above is not a problem - this gets a big thumbs up and yes vote from me.

Mum is in London

Ditto - Kent.

Clearly the way forward
Yorkshire

Yes - Somerset

Reiterate what starlight blue said above, and beetle in other post.

yes. central lancs.

Yes

Rose Farnborough Hants

As a CCC founder member, I am happy to support the idea of a class action, in the context of providing evidence to demonstrate 'wrongful acts' by my LHB and by the LA, but I am not prepared to financially contribute further to the campaign, as in November/ December 2009 I paid a £500.00 advocacy fee and a CCC donation of £250.00.

Yes. However, before either Mrs Molecatcher or I handed over any hard-earned, the financial side of the campaign would have to be handled independently and transparently... None of this 'paying into personal bank account' stuff. Don't get me wrong, I'm not questioning anyone's integrity, I just think that who ever is in charge of the campaign really would need to protect themselves against any possible accusation of wrong doing. The finances would have to be completely transparent. If the communications were to be handled on the internet then this would have to be secure. Using encryption if necessary. It would need a clear agenda so that there is a reduced opportunity for any scope creep.

I would expect the organisation to be along the lines of the Professional Contractors Group, who back in 1999 (I think) got a Judicial Review of the IR35 budget announcement that basically shafted all the freelance contractors in this country. They got a 'fighting fund' together and then went to court. They lost that particular battle, but have been chipping away at it ever since. They even have their own investigation insurance now, to help any contractors who find themselves under threat from the Marigolds of HMRC.

-=Moley=-

Wilee Coyote wrote:As a CCC founder member, I am happy to support the idea of a class action, in the context of providing evidence to demonstrate 'wrongful acts' by my LHB and by the LA, but I am not prepared to financially contribute further to the campaign, as in November/ December 2009 I paid a £500.00 advocacy fee and a CCC donation of £250.00.

Mrs Molecatcher, who is hereabouts under a nom de plume has tried to join the CCC on a number of occasions, and so far has been singularly unsucessful. There has been no response at all o her requests for information or jointing details... Hmmm...

Moley

I would support steve without question

Fury 5081

Sorry, but I cannot digress into unrelated issues concerning the NHS Continuing Care Campaign or anything else. All I asked for is a simple affirmative that in principle, YOU would support a class action to compel the NHS to obey the law. I can then commence discussions with appropriate lawyers on the basis of a clear indication that such an action would be supported. Fine detail concerning the mechanics of the action could then be determined. Eg.would we need to establish a separate dedicated charity or public interest company and what would be the likely cost of the action? Nobody would be asked to contribute anything until all details are available and I imagine that the cash sum required would be secured by individual pledges. Initial investigation and set up costs would be met by nhsCCC.

count me in,

What is needed here is calm and trust, organizing a class action does take time and a lot of research before it goes or don't go anywhere, The first thing needed is dedicated people to group together to bring this class action, if there is not enough people dedicated to the cause then it wont get off the ground

Yes we all want answers about the campaign, But any mistrust will only mean one thing DEFEAT Before it gets off the ground (EXACTLY) What the N.H.S Would want to see,Like with any Legal action taken to court it is a gamble and Folks it is the only Gamble available to us to finally Nail the thieving Barstewards you are either in or you are not

If say it cost's £250.000.00 divide that by 250 members of the group it would cost each member of the group £1000.00 Each The more members in the better it will be for all, Steve Correct me on this if i am wrong I.e, is it a group Cost Or an individual Cost

My Advice to all members who would like to see the SS. L/A & N.H.S Defeated on unlawful And discriminating criteria. & deliberate Misinterpretation of the national frame work

Join the Campaign to bring a class action against the Corrupt. Remember one thing as you will be acting in the best interest's of your relative. you will be legally allowed to use the funds from their estate for the case,as it is they you are trying to protect

I agree that this should be open to others out side of this forum, because the more members of a campaign the better our chances are of success

I came to this forum in 2006 to seek and find help, I found that help at very small cost. mother has now got fully funded care for life, And Like Stephen Squires. I have decided to stay around to help others in any small way i can, Thus i am willing to support and contribute to this campaign for others, So Stephen i am with you in your crusade for the benefit of others


Mick

Thanks Mick - legal opinion so far is "they wouldn't let it get to court because losing would land them with a re-run of 'Coughlan', which would cost them Billions!" This means that they would have to settle every case individually - which would still place them in the brown smelly stuff! Steve.

MikeJ wrote:

patrick11 wrote:count me in,

What is needed here is calm and trust, organizing a class action does take time and a lot of research before it goes or don't go anywhere, The first thing needed is dedicated people to group together to bring this class action, if there is not enough people dedicated to the cause then it wont get off the ground

Yes we all want answers about the campaign, But any mistrust will only mean one thing DEFEAT Before it gets off the ground (EXACTLY) What the N.H.S Would want to see,Like with any Legal action taken to court it is a gamble and Folks it is the only Gamble available to us to finally Nail the thieving Barstewards you are either in or you are not

If say it cost's £250.000.00 divide that by 250 members of the group it would cost each member of the group £1000.00 Each The more members in the better it will be for all, Steve Correct me on this if i am wrong I.e, is it a group Cost Or an individual Cost

My Advice to all members who would like to see the SS. L/A & N.H.S Defeated on unlawful And discriminating criteria. & deliberate Misinterpretation of the national frame work

Join the Campaign to bring a class action against the Corrupt. Remember one thing as you will be acting in the best interest's of your relative. you will be legally allowed to use the funds from their estate for the case,as it is they you are trying to protect

I agree that this should be open to others out side of this forum, because the more members of a campaign the better our chances are of success

I came to this forum in 2006 to seek and find help, I found that help at very small cost. mother has now got fully funded care for life, And Like Stephen Squires. I have decided to stay around to help others in any small way i can, Thus i am willing to support and contribute to this campaign for others, So Stephen i am with you in your crusade for the benefit of others


Mick

Thanks for your input Mick. Pleased that you acknowledge "we all want answers about the campaign".

I hope you will urge Steve to cut this short by answering the very reasonable questions I have posed, which I have now posted in another thread, so that we can have confidence in the campaign.

BTW, you say that you are legally allowed to use a relative's estate for this campaign. Are you sure about that? Where did this information come from?

Hasn't someone posted on here recently that their friend was at risk of having the Court of Protection remove them as the attorney after taking legal action which was not deemed to be in the best interests of the patient?
MikeJ

MikeJ,

As i understand it, A legally appointed attorney with E.P.O.A OR L.P.O.A acting in good faith for anyone can reimburse them selves from their estate.(Reasonable Cost's) Taking legal action to protect a person who has lost capacity and to protect their estate. It is the Legal duty of an attorney to protect them. I cannot see that it is against their best interest's not to take legal action Re the fraudulent scam being perpetrated by N.H.S SS & Local authorities

Please correct me if i am wrong

Mick

Esquires wrote:- legal opinion so far is "they wouldn't let it get to court because losing would land them with a re-run of 'Coughlan', which would cost them Billions!" This means that they would have to settle every case individually - which would still place them in the brown smelly stuff! Steve.

Steve, if that is 'legal opinion' why has it taken so long - you say you've been at it for 16 years now - for the thought of a 'class action' to be considered? By the NHS CCC, I mean.

And did 'legal opinion' give an idea of the overall costs, should a class action fail? And they have been known to fail.

May one ask "whose" legal opinion is this? Is it the current Campaign solicitor's opinion? Or have you other lawyers/solicitors up your sleeve?

VM

PS. Still waiting for the info about the NHS Continuing Care Campaign that you promised. Please hurry that one up. Otherwise we can't join it.

Hello All
The answer is yes I would support class action and I thought I had already said so.

Regards
Alex

Steve - I have sent you a PM with some suggestions, etc.

looks like this is fragmenting here.


It seems there are at least two strands;
1. Who would support (in theory) a class action?
2. The finer details of a) Legal possibility of such action
b) Legal and issues of trust and practicalities surrounding the establishing of a class action eg who would run/advise upon it, and administer it and the funding of that resource. Needless to say, the larger an organisation gets the greater the overhead costs.

I can see the subjective difficulties to overcome based on beliefs held by the individual experiences of some members, but I can also objectively see the benefits, namely the advice and support received through this forum that has resulted in some good wins.

£500 doesn't buy anyone much advice at a law firm - even assuming they are well informed.

Do we need to be more clear about the difference between the two points of view and also recognise that litgation is not a precise science with a guaranteed outcome of success however valid and noble the cause?

I would like to be counted in.

Jrey - Hampshire

You have my support
Cheshire

[PDF] NHS Funding for continuing care in England
www.lukeclements.co.uk/.../NHS_Funding_for_CC_revised_Guidance.pdf

Incidently I enclose this link to the report issued following the revised NF in 2009. It clearly states in the summary that the NF is in fact not complying with the law

On the basis of the above analysis, it is arguable, that the new guidance