AN Acton Bridge man is threatening to take Central Cheshire Primary Care Trust to a judicial review over the lack of funding available for the care of his sick brother.

Stephen Johnson, of Strawberry Lane, says the trust is acting unlawfully in expecting his brother Rod, to pay for his care.

Rod, 53, had a massive stroke on May 24, last year.

He was treated in Warrington General Hospital to begin with and then moved to Northwich on Sept 7.

He is now funding his own care at Redwalls Nursing Home because the authorities refuse to pay.

Under the current system, the NHS will meet all costs of long term care if it is deemed to be for medical reasons but if it is considered social care the costs are means tested with the patient expected to pay for some or all of their care costs.

The Law Society has already stated that legally, there has been no material change in the scope of the NHS continuing health care responsibilities since its inception in 1948.

It cites a landmark ruling, which was made in the Coughlan case heard by the Court of Appeal in 1999.

It says: "The judgment in Coughlan clearly establishes that where a person's primary need is for health care, and that is why they are placed in nursing home accommodation, the NHS is responsible for the full cost of the package."

Stephen has moved back to his home to look after his mother Brenda, who used to be cared for by his brother.

She is 77 and suffers from epilepsy, chronic asthma and has had a heart attack and three strokes.

Stephen said: "I struggled to keep Rod in hospital until March 2006.

"He is self-funding in a private nursing home after being refused continuing care but is in high band under the Registered Nursing Care Contribution rules.

"He is paralysed on his left side, doubly incontinent, in constant pain, epileptic, at risk of pressure sores, severe spasm, suicidal and when moved it is done with two people and a hoist."

Stephen added: "The Government is conning us all into paying for our own healthcare when it seems to be their responsibility in law."

Mike Pyrah, chief executive of Cheshire PCT, said he couldn't comment on an individual case.

He said: "The rules are complex. When the NHS fully funds a case it is not means tested but when it is a social care case, it is. We check every day whether the assessment is appropriate or not.

"The recent Grogan case (which challenged Government policy on care funding) will also affect how issues are taken forward."

He added: "The gentleman should write and set out his issues and we will see how we can take it forward."