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Ombudsman finds health board guilty of maladministration for not providing free continuing care

BMJ 2008; 336 doi: (Published 12 June 2008) Cite this as: BMJ 2008;336:1329
  1. Roger Dobson
  1. 1Abergavenny

A health board has been found guilty of maladministration after it decided that an elderly woman with a history of Parkinson’s disease who had had two strokes, was partially sighted, had insulin dependent diabetes, high blood pressure, and thyroid abnormalities, was not eligible for NHS funded continuing care in a residential home.

The public services ombudsman for Wales, Peter Tyndall, described the decision by Cardiff Local Health Board as seriously flawed.

“The board’s own assessment has recognised that she needs registered nursing care to meet a variety of circumstances and this is described in the multidisciplinary team assessment as unpredictable, unstable, complex, and presenting risk of harm,’’ he says.

“On the face of it, its approach to the decision not to award NHS funded continuing care appears to have been seriously flawed.’’

Lawyers acting for the brother in law of the 73 year old woman in the Cardiff case, whose house …

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