Do I Need a CHC Solicitor? 6 Reasons Legal Expertise Makes the Difference to CHC Claims

If you’re navigating the complex world of NHS Continuing Healthcare (CHC) funding, you might be wondering “Do I need a CHC solicitor?” With unregulated claims companies offering similar services, sometimes at higher prices, it’s a valid question. But when your loved one’s care and financial security are on the line, getting expert legal advice can make all the difference.

Call us on 0113 320 5000

In this blog post, we’ll explain why working with a CHC solicitor gives you a safer, smarter, and more strategic path through the NHS Continuing Healthcare process. Whether you're applying, appealing a decision, or making a retrospective claim, we’re on hand to offer you support. An expert CHC solicitor can offer unmatched advantages over an unregulated, non-lawyer company.

A CHC solicitor is a legally qualified professional who specialises in NHS Continuing Healthcare Funding. 

They help clients:

• Apply for CHC funding
• Challenge unfair decisions
• Navigate appeals
• Understand more complex issues like mental capacity, property ownership, and estates

1. Regulated, Qualified, and Accountable

   Solicitors are regulated by the Solicitors Regulation Authority (SRA), which means:

   • Strict professional standards must be met.
   • Mandatory insurance protects clients if something goes wrong.
   • Complaints and redress mechanisms are in place through the Legal Ombudsman.

   Unregulated claims companies, by contrast, are not held to the same standards. If they make a mistake or act unethically, your options for recourse are more limited or may even be non-existent.

   You may see that some companies who specialise in CHC employ “non-practising solicitors.” This means the individual once qualified as a solicitor but no longer holds a practising certificate. They are not regulated by the SRA and cannot provide legal services. Non-practising solicitors are not subject to the same professional standards, insurance requirements, continuing professional development and learning requirements, or complaints procedures as practising solicitors. You can check whether your law firm or solicitor is currently authorised by checking the register.

2. Legal Expertise That Goes Beyond CHC

   CHC claims often intersect with other areas of law - such as mental capacity, powers of attorney, probate, and property law. Law firms usually practice in more than one area of law and can bring a holistic legal perspective that unregulated firms simply can’t match. This is especially important when:

   • A patient lacks capacity and legal authority is needed to act on their behalf.
   • There are disputes over estates or care home fees.
   • Advice is also needed regarding legal and beneficial ownership of property, perhaps due to the possibility of a property needing to be assessed or sold to pay for care home fees.
   • Complex medical evidence needs to be interpreted in a legal context.

3. Tailored, Transparent Pricing

   It is common for claims companies to say that they are “cheaper” than solicitors. In fact, many of our clients tell us that they were quoted higher fees by claims companies than we would charge for the same work.

   At Winston Solicitors we provide bespoke fee estimates based on the specific work you need doing. If you do not know exactly what you need, then we will recommend the steps to take, and the likely charges.

4. Strategic Thinking and Advocacy

   CHC cases are not just about paperwork - they’re about strategy.

   A CHC Solicitor can:

   • Identify procedural errors or breaches of the National Framework.
   • Build a compelling case using legal argument and evidence.
   • Represent you effectively at Independent Review Panels and advise about legal proceedings where appropriate.

5. Continuity and Long-Term Support

   CHC claims can take months, or even years, to resolve.

   A CHC Solicitor offers:

   • Continuity of representation, with a named professional handling your case.
   • Long-term legal support, including the ability to access advice on related matters like deputyship applications, or estate planning.
   • Professional indemnity insurance, giving you peace of mind throughout the process.

6. Ethical Standards and Client-Centred Service

   CHC solicitors are bound by a Code of Conduct that prioritises your best interests.

   This includes:

   • Acting with integrity and independence.
   • Avoiding conflicts of interest.
   • Keeping your information confidential and secure.

   Unregulated firms are not bound by these same ethical obligations.

CHC funding is a vital entitlement for many families, but the process is notoriously complex and emotionally draining.

By choosing a solicitor, you’re not just hiring someone to fill in forms - you’re securing a trusted legal partner who will fight for your rights. The right CHC Solicitor will protect your interests and guide you through every step of the journey.

If you have a specific piece of work in mind, whether it’s reviewing a checklist, preparing for an appeal, or handling a retrospective claim, talk to us. We’ll provide a bespoke estimate tailored to your needs, with no obligation and complete transparency.

Message the CHC team