A High Court decision saying the government should review guidance on eligibility for continuing NHS care has been welcomed by the Law Society, which claims the current system is in disarray.

Mr Justice Charles said the criteria used by Bexley NHS Care Trust to assess whether a multiple-sclerosis sufferer had to pay for her care were 'fatally flawed'. The ruling has implications for the underlying 2001 Department of Health guidance.


The judge backed calls to review the guidance, saying it is 'far from being as clear as it might have been and this has inevitably caused difficulty for this care trust (and others) in setting out its criteria, and to local authorities'.


He added that if a patient's primary need is healthcare, the NHS must provide free care and accommodation.


A Law Society spokeswoman said: 'The case illustrates once again that the system of deciding whether the NHS will fully fund the care of vulnerable older people is in disarray. The judge added his voice to the concerns raised by the Law Society that the criteria used to decide who receives fully funded NHS care are often unlawful.


'In some cases the failings mean that people lose their homes and life savings. Until action is taken by the Department of Health to sort out this mess, thousands of old and vulnerable people will continue to be denied the funding for the care they are entitled to.'


Care services minister Liam Byrne said: 'We think it is absolutely right that there is one national framework for NHS continuing care. We said so 14 months ago and the judgment supports this call. It is a green light for us to launch our planned national consultation in April, subject to any further appeals.'