Okay thanks for the advice - I did challenge it at the time I have made several applications via the different channels - as the parameters changed - first it was the SHA and then someone else - I've been passed from pillar to post - it did go to appeal where the charge was reduced slightly but they wouldn't go to full NHS CC. I will have to be brave and get out all the paperwork from the attic and make a fresh appeal. I sent one in before the last deadline........ I'm going to call for SAR from the LA and the NHS to try and get to the bottom of it. He should definitely have had NHS CC and I'm going to carry on fighting it. Thank you!

Hi Andy The charge was placed on the property before my Father died and I was not given any notice of the LA's intention to do so. When the LA carried out their financial assessment they included the house [probably worth £50k at the time] so that on a 50/50 basis my Father had more than the £23,500 assets limit. I told the LA that rather than using the market value of the property divided by two, they should have based its value on the sale value of what would be my Father's “beneficial interest to a willing buyer”, which would make the valuation lower [or even nil] because the chances of finding a buyer willing to purchase my Father's 50% share would be negligible. It was after I put forward this argument that the LA put the legal charge against the house! I don't recall the LA carrying out a proper valuation either. All a bit of a mess. I've had a look at the case but I don't think overreaching applies as it's just me who now owns the property? It may be possible to show that no charge under section 22 is subsisting? I didn't understand this - does this mean there could be a way to evidence no charge should be made? Thanking you.

Thanks Andy for this - I am ploughing through it - my brain is about to explode. I wrote to the LR back in 2007 to advise my Mother had passed away many years previously, when I picked up the three letters sent to the empty property! But I suppose I need to do it formally on one of their official forms. If I do the same to have my Father's name removed from the register - what happens to the charge on the property? It just sits there still waiting for me to pay it I presume? The charge is silent as to the exact amount due and as I say I've not heard anything further from the LA since 2009! That's when they sent me the last bill and I explained I was still pursuing NHS Continuing Care..... Thanks

Thanks Andy for clarifying that there is no expiry date. I am confused now as I thought it was a full charging order and the LA would claim its fees when the house was sold. I'm not selling as I firmly believe my father was entitled to NHS Continuing Care and will continue to fight for this. Below is an extract from the Land Registry - so it looks as though it is, as you say, a Restriction K? - I had not heard of this term or distinction before - so thank you for enlightening me! Title absolute1. (XX.XX.1982) PROPRIETOR: Father [was alive at time of charge but died later in 2007] Mother [Died 1991] and ME of XX ROAD, TOWN, POSTCODE. 2. (XX.XX.2007) RESTRICTION: No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to XX Council at P.O. Box XX, STREET, TOWN, POSTCODE, being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983. The 'charge' doesn't specify an amount either - should it do so? I haven't heard from the Finance Dept. since 2009 - there has been no mention of interest or anything else. Also I guess I should have informed the Land Registry of my Father's death [and my Mother's many years earlier] - what happens to the Title Absolute then? And the charge? I'm very grateful for any advice you can offer as I'm going round in circles here - I was up until 0300 this morning trying to untangle this [i do this periodically and then lapse again as it's so exhausting] thank you

My dear Dad who served in WWII and worked all his life developed vascular dementia after suffering a stroke and eventually ended up in a care home. We applied for NHS Continuing Care and was passed from pillar to post as is the case for many. The only asset he had was the ex-council house which I helped him to buy [he had lived there for over 40 years at the time] with my mother. We bought the house as joint tenants in 1985. On my mother's death in 1991 we failed to inform the Land Registry of her death [not clued up at all about these things] so the house was then jointly owned by myself and my Dad. My Dad went into a care home in 2006. The local authority [LA] rejected the claim for NHS Continuing Care and took all my Dad's pension leaving him with a few pounds each week. As I was the joint owner of the property with my Father the LA kept sending me bills for the shortfall in his weekly care home fees. Upon my Dad's death in 2007 the LA continued to chase me for the shortfall in the care home fees amounting to thousands of pounds despite my stating I was pursuing a claim for NHS Continuing care. Earlier and unbeknown to me the LA had put a charging order on the house [sending 3 letters - one to my deceased mother, one to my father who was in the care home and one to me [living 200 miles away] we didn't pick up the letters until after the deadline for objecting had passed as we were obviously up and down the motorway visiting my father in the care home. Since then I have completed various questionnaires and sent loads of emails to no avail and no resolution of this issue. The demands for payment from the Finance Dept. stopped in 2014. I've not heard anything since. My questions are: 1. Does the charging order made by the LA against the property have an expiry date? I have seen something about 12 years? 2. If the Finance Dept. has stopped chasing me for payment - where do I stand now? Is the debt written off after x number of years? I maintain my father was fully entitled to NHS Continuing Care and I will continue to fight this - he died in 2007 - I haven't heard anything further from my last appeal I think in 2014 - it is very wearing. Meanwhile I can't sell the house [the charge on the house means the LA will get their hands on the money to which I vehemently object] and am letting the property out to tenants which is a whole new world of pain. I also foolishly paid someone to act as my advocate and of course he took the money and did - feel very let down that he could take advantage of people when they are at such a low ebb. I know I'm not the only person to fall prey to this person. Any advice gratefully received. Thank you.