Applying for NHS Continuing Healthcare can feel overwhelming, particularly when you are already managing the care of someone with significant or complex needs.
Emerald Law provides practical, solicitor-led support throughout the application and appeal process. Whether you are considering NHS CHC for the first time, preparing for an assessment or challenging a refusal, we can help you understand the process, present the relevant evidence and make informed decisions about your next steps.
FAQs
How do I apply for NHS Continuing Healthcare?
The process usually starts with an NHS Continuing Healthcare Checklist, which helps decide whether a full assessment is needed. This can be requested through a GP, social worker, care home, hospital discharge team or the relevant NHS body. We can help you understand the process and prepare the right evidence before an assessment takes place.
What happens during a NHS CHC assessment?
If a full assessment is needed, a multidisciplinary team will review your loved one’s care needs using the Decision Support Tool. They will consider areas such as mobility, cognition, behaviour, nutrition, continence, medication, skin integrity and other health needs before making a recommendation on eligibility.
What is the difference between NHS Continuing Healthcare and social care funding?
NHS Continuing Healthcare is arranged and funded by the NHS for adults with a primary health need and is not means-tested. Social care funding is usually arranged by the local authority and is financially assessed, meaning savings, income and assets may be taken into account.
How we can help
Our NHS Continuing Healthcare services are designed to provide the level of support you need at each stage of the process.
You can instruct us for an individual service or receive support through multiple stages of your application. We will explain what is involved, what evidence may be required and which service is most appropriate for your circumstances.
Why seek legal support?
NHS Continuing Healthcare can be life-changing for families facing significant care costs, but accessing the funding is rarely straightforward.
Understanding the process
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Make an enquiry
Speak to an expert
Build the evidence
Begin the application
Make an enquiry either on behalf of yourself or your loved one and tell us about your situation. We'll review the situation and help you understand whether NHS Continuing Healthcare funding may be worth exploring.
A member of our specialist team will be in touch to arrange your initial free consultation. If we find you may have a viable case and you'd like to move forward, you can book an Eligibility Assessment & Action Plan meeting with one of our experts.
If you choose to proceed, we can help gather and review the relevant care records, medical evidence and supporting information needed to assess the strength of your case prepare you or your loved one for the application.
Once the evidence has been reviewed, we can then initiate the NHS Continuing Healthcare assessment and support you or your loved one through the process, including preparation, guidance and advocacy where required.
Absolutely amazing service!! So friendly and so helpful, it was the first time in a long time that I’ve got hope!! And now I know have rights and have a leg to stand on!! I cannot thank Angie enough for her help today.
I have just had some fantastic advice at Emerald Law I would highly recommend them.
Emerald Law, specifically Heather Boyd, have been extremely efficient and professional throughout the process. Any information has been passed on or received in a timely manner and I would recommend Emerald Law without reservation.
All in all great service and a competitive price, no complaints. Always available when needed, thank you Heather and Caitlin, you were excellent!
We are extremely grateful to Emarald Law for the excellent service they provided. They informed us through every step from beginning to end and the app was very useful too.
Clear communication throughout. Would use again.
I am so pleased that I engaged Emerald Law to investigate the possibility that my aunt should have been eligible for NHS Continuing Health Care funding. Emerald Law discovered that this was in fact the case, have recovered a substantial amount of care fees and we have at last received our proper inheritance, just as my aunt had intended.
We are very grateful to Emerald Law for their professional advice and the very successful outcome, which has financially helped both families. We would especially like to thank Phil Turner who handled the case.
What our clients say
The need for care is not decreasing
Age UK reports that 57% of people over 80 and 40% of people over 65 are living with a limiting long-term health condition. Yet the number of people newly assessed as eligible for Standard NHS Continuing Healthcare has fallen by 43% since 2017/18.
57%
Care needs remain high
57% of people over 80 and 40% of people over 65 are living with a limiting long-term health condition.
- Age UK, 2024
43%
Eligibility has fallen
The number of people newly assessed as eligible for Standard NHS Continuing Healthcare has fallen by 43% since 2017/18.
- Age UK, 2024
71%
Care costs are rising
Average nursing care costs have risen by around 71% since 2016, from £741 per week to £1,267 per week in 2026.
- Competition and Markets Authority, 2017; Age UK, 2026
16.7%
Few assessments succeed
Only 16.7% of Standard CHC assessments resulted in eligibility in Q4 2025/26. Out of 12,462, only 2,075 were considered eligible.
- NHS England, 2026
The process is difficult to navigate
NHS figures also show how difficult the process can be. In Q4 2025/26, only 16.7% of Standard NHS Continuing Healthcare assessments resulted in eligibility. Out of 12,462 assessments, just 2,075 people were found eligible.
How our legal team can help
For many families, the issue is not whether their loved one has serious care needs. The difficulty is understanding how those needs are assessed, evidenced and presented under the NHS Continuing Healthcare criteria.
Our legal team can help you navigate the process, prepare the right evidence, challenge incorrect decisions and make sure your loved one’s care needs are properly considered.
Could your loved one be eligible for funding?
Paying privately for residential or nursing care
Complex health conditions such as Dementia, Alzheimer's, Parkinson's or stroke-related illness
Repeated falls, mobility issues or high supervision needs
Complex medication, nutrition or continence needs
Pressure sores or skin integrity concerns
Distressed, challenging or unpredictable behaviour
Refused NHS CHC funding
Never properly assessed for NHS CHC funding
You do not need to know whether your loved one qualifies before speaking to us. That is what we can help you assess.
Not sure if this applies to your loved one?
Understanding eligibility for NHS Continuing Healthcare funding is rarely straightforward. A consultation with our experts will help you know where you stand.
Find out if your loved one could be eligible for NHS CHC funding
Free initial consultation
Full Eligibility & Action Plan meeting for less than a day's care fee
No obligation, fully confidential
If your loved one is paying privately for care and has significant health needs, it is worth seeking advice.
Clear action plan with next steps
Can I challenge a past NHS CHC decision?
Yes, in some cases. If your loved one was refused NHS Continuing Healthcare, you may be able to challenge the decision if needs were not properly considered, evidence was missed, or the criteria were not applied correctly. Time limits can apply, so it is important to seek advice promptly.
Can someone receive NHS CHC funding at home?
Yes. NHS Continuing Healthcare can fund care in a person’s own home, as well as in a care home, nursing home or other care setting. Eligibility depends on the person’s assessed health and care needs, not where they receive care.
How can you help with appeals?
We can review the decision, identify potential grounds of challenge, gather supporting evidence and help present your loved one’s needs clearly under the NHS Continuing Healthcare criteria. We can also support you through local resolution and, where appropriate, further review stages.
Can you help recover care fees that were wrongly paid?
Yes, where there may be grounds to argue that your loved one should have been assessed or found eligible for NHS Continuing Healthcare during a past period of care. We can advise on whether a retrospective review may be possible and help prepare the evidence needed to pursue a claim.
© 2026 Emerald Law Solicitors Ltd. All rights reserved. Emerald Law is a trading name of Emerald Law Solicitors Ltd. Emerald Law Solicitors Ltd is a solicitors' practice registered in England & Wales (08837492) and is authorised and regulated by the Solicitors Regulation Authority (No. 615452)
Our NHS Continuing Healthcare legal services
Clear, specialist support at every stage of the NHS CHC process
Anyone who believes that they or a loved one may be eligible for NHS Continuing Healthcare can arrange a free 15-minute initial consultation with one of our experienced lawyers.
During the call, we will ask some initial questions about the person’s health, care needs and current circumstances. The purpose is to identify whether there may be a potential NHS CHC case and whether our team is able to help.
There is no obligation to instruct us following the consultation.
Initial free consultation
Start with a confidential conversation
Following a positive Checklist, you can arrange a focused consultation to understand the forthcoming Decision Support Tool (DST) assessment and plan the support you or your loved one may need.
We review the positive Checklist, assessment invitation and a small agreed set of key papers. During the consultation, we explain the areas of care considered in the DST, identify important needs and evidence gaps, and discuss who should attend or provide information.
You receive a written action note setting out evidence priorities, responsibilities, target dates and our recommended level of support. This may involve preparing independently or instructing us to help further.
Full DST case preparation and attendance at the assessment are separate services.
Positive Checklist Consultation
A full review following a positive outcome at the Checklist assessment
Appeal Eligibility Assessment
An initial assessment to determine whether an appeal is appropriate
If you or your loved one has been refused NHS Continuing Healthcare funding, or existing funding has been reduced or withdrawn, this assessment offers an initial view of whether the decision may be worth challenging.
We review the decision letter, appeal information and a small agreed set of core papers. A short consultation allows us to discuss your concerns, the outcome you want and whether further investigation would be worthwhile.
We check the deadline and look for obvious problems with the evidence or process. You receive a written note with a green, amber or red assessment, the reasons for our view and recommended next steps.
A detailed review of the full records and preparation of an appeal are separate services.
Being refused NHS Continuing Healthcare does not necessarily mean that the decision was correct.
A decision may be open to challenge where the available evidence was not properly considered, the person’s needs were understated, the assessment process was flawed or the reasoning does not accurately reflect the NHS CHC criteria.
Our Appeal Viability Review includes:
- A post-assessment consultation with your lawyer
- A review of the Integrated Care Board’s decision documentation
- Consideration of the decision against the evidence presented
- A written opinion on whether an appeal is appropriate
- A written action plan setting out the next steps
This service is intended to help you make an informed decision before committing to the full appeal process.
NHS England Appeal Submission Service
We will draft and submit the appeal on your behalf
NHS England IRP Advocacy Service
Your lawyer handling your case will attend and advocate on your behalf
Where our review identifies solid grounds for appeal, we can prepare and submit the appeal on your behalf.
Your lawyer will review the relevant evidence, identify the weaknesses in the decision and draft the appeal documentation. The submission will clearly explain why the original decision should be reconsidered and set out the evidence supporting the person’s case.
The service also includes a preparation meeting before the appeal meeting, so you understand what to expect and can participate with confidence.
We can also attend the appeal meeting and advocate on your behalf as an additional service.
It all starts with a call
No matter where you are on your journey to securing NHS Continuing Healthcare funding for your loved one, we can help. It all starts with a free initial consultation with one of our experts to assess where you're up to, the circumstances around your loved one's care and how we might be able to help.
Being refused NHS Continuing Healthcare does not necessarily mean that the decision was correct.
A decision may be open to challenge where the available evidence was not properly considered, the person’s needs were understated, the assessment process was flawed or the reasoning does not accurately reflect the NHS CHC criteria.
Our Appeal Viability Review includes:
- A post-assessment consultation with your lawyer
- A review of the Integrated Care Board’s decision documentation
- Consideration of the decision against the evidence presented
- A written opinion on whether an appeal is appropriate
- A written action plan setting out the next steps
This service is intended to help you make an informed decision before committing to the full appeal process.
NHS CHC Appeal Viability Review
Find out whether there are grounds to challenge a refusal
Checklist Advocacy Service
Your lawyer handling your case will attend and advocate on your behalf
If you would like a lawyer to support you at the NHS Continuing Healthcare Checklist assessment, we can attend and speak on behalf of you or your loved one.
Using your prepared Checklist case and agreed evidence, this service includes:
- A preparation meeting to discuss the key points and what to expect
- Attendance at one agreed Checklist meeting to present evidence, ask questions and raise concerns
- A record of the key points, outcome and agreed actions
- Advice about the immediate next steps
Your written case and evidence must already be prepared. Full case preparation is available separately through our Complete Checklist Service.
Eligibility Assessment & Action Plan Meeting
Know where you stand before taking the next step
Where our initial discussion indicates that there may be a viable case, you can arrange a full one-hour Eligibility Consultation and Action Plan meeting with one of our lawyers.
We will consider the person’s care needs against the NHS Continuing Healthcare criteria and provide tailored advice about their potential eligibility.
Following the meeting, you will receive a written action plan explaining the recommended next steps. This may include applying for a Checklist assessment, gathering further evidence or preparing for a forthcoming assessment.
This service can provide valuable clarity before you commit to a wider application or legal process.
The NHS Continuing Healthcare Checklist is an initial screening assessment used to decide whether someone should progress to a full assessment.
Although it is only the first stage, the way the person’s needs are described and evidenced can be important. Relevant needs may be understated where the records do not reflect the level of supervision, intervention or support required.
Our Complete Checklist Service includes:
- Arranging the Checklist assessment on behalf of you or your loved one
- Reviewing the relevant records and available evidence
- A preparation meeting before the assessment
- Oversight of the Checklist process
- Advice about the outcome and the next steps
We can also attend the Checklist assessment and advocate on your behalf as an additional service.
Complete Checklist Service
Legal support through the initial NHS CHC assessment
Where your case is already prepared, we can represent you or your loved one at the NHS Continuing Healthcare Decision Support Tool (DST) meeting.
Our role is to present the agreed evidence clearly and raise questions or concerns about how the person’s needs are being assessed.
This service includes:
- A meeting beforehand to discuss your case and the points to raise
- Attendance at one agreed DST meeting to present evidence and argue for appropriate scores
- A record of the discussion, outcome and agreed actions
- Advice about your immediate options following the meeting
Full case preparation is available separately through our DST Assessment Support Service. Additional or reconvened meetings are agreed separately.
DST Representation Service
Your lawyer handling your case will attend and advocate on your behalf
DST Assessment Support Service
Prepare fully for the comprehensive NHS CHC assessment
A person who receives a positive Checklist will normally be referred for a full assessment using the Decision Support Tool, often called the DST.
This is a more detailed assessment of the person’s needs across 12 care domains. The multidisciplinary team should also consider the nature, intensity, complexity and unpredictability of those needs when deciding whether the person has a primary health need.
Our DST Assessment Support Service includes:
- Obtaining essential records
- Reviewing relevant care and medical documentation
- Advising on the evidence available
- Preparing a detailed evidence document
- A pre-assessment check
- A 90-minute preparation meeting
We will help you understand the assessment criteria, identify the evidence that best reflects the person’s needs and prepare you for the questions that may arise during the assessment.
If you have a Local Resolution Meeting (LRM) with the Integrated Care Board (ICB), we can attend and speak on behalf of you or your loved one.
This service is for appeals where the written case and evidence bundle are already prepared. It includes:
- A preparation meeting to discuss the appeal issues, likely questions and what to expect
- Attendance at one agreed LRM to present your case, question evidence and raise concerns
- A record of the meeting, outcome and agreed actions
- Review of the outcome letter and advice on next steps, including points relevant to any later NHS England review
Full appeal preparation, additional meetings and any subsequent NHS England appeal are separate services.
LRM Hearing Advocacy Service
Your lawyer handling your case will attend and advocate on your behalf
NHS CHC Appeal Submission
Build and submit a clear, evidence-based challenge
Where our review identifies solid grounds for appeal, we can prepare and submit the appeal on your behalf.
Your lawyer will review the relevant evidence, identify the weaknesses in the decision and draft the appeal documentation. The submission will clearly explain why the original decision should be reconsidered and set out the evidence supporting the person’s case.
The service also includes a preparation meeting before the appeal meeting, so you understand what to expect and can participate with confidence.
We can also attend the appeal meeting and advocate on your behalf as an additional service.
NHS England IRP Viability Review
A full review of whether an NHS England appeal is viable
Where local resolution has not resolved your appeal, this detailed review helps you decide whether to seek an NHS England Independent Review Panel (IRP).
We examine the agreed records, including the final local decision, earlier submissions, meeting records and key evidence. We assess possible grounds for challenge, concerns about the process, deadlines, weaknesses and any missing information.
You receive a written IRP Viability Report with a green, amber or red assessment, the reasons for our view and recommended next steps. We also consider whether the likely benefit justifies the cost of continuing.
Preparing and submitting the NHS England appeal, or representing you at a panel, are separate services.