A dementia-stricken dad will no longer have to sell his home to pay for care costs after his family won a legal battle with the NHS.

Frail Leonard Manning, 82, was diagnosed in 2023 and has languished in hospital since May after suffering a major stroke.

He was facing the prospect of having to sell his £150,000 home in Aberdare, South Wales, to pay eye-watering bills.

But the NHS has been forced to acknowledge its legal duty to fund all future fees.

Last night lawyers said thousands of families were missing out on millions of pounds because of a nationwide failure to assess patients properly under Continuing Healthcare (CHC).

The package, which many are unaware exists, is a fully-funded package where the NHS has a legal duty to cover the costs of care, irrespective of wealth. To qualify, a patient's needs must fall under health, rather than social.

Lawyers say an increasing number are being wrongfully denied funding as criteria is being applied too strictly or incorrectly.

Mr Manning's case highlights a little-known scandal where individuals are wrongfully made to pay for the cost of their care when they are legally entitled to funding.

He was facing the prospect of stumping up the eye-watering cost of care home fees, which now total £1,800 a week at one in seven of the 17,000 facilities in the UK, by selling his home.

But the victory will save Mr Manning £80,000 a year.

CHC, a package for adults with complex care needs, is funded by the NHS and covers the cost of care and accommodation for those with disabilities, who have life-changing injuries from accidents, or serious illnesses including cognitive conditions like dementia.

Eligibility is determined by healthcare professionals using a form called the Decision Support Tool which considers the nature, intensity, complexity, and unpredictability of needs.

His son Graham, 60, was left angered when his mute father was denied CHC, partly because he was unable to answer questions put to him as he is heavily sedated.

Since he has been in hospital he has lost half his body weight and now weighs nine stones.

Graham said: "Before he suffered a stroke dad lived independently.

"He had never been unemployed, he had never taken from the system, and it was wrong. It was my duty to fight for my father.

"But it opened my eyes to the system and I am wondering how many others are going through this.

"Dad has savings but with the cost of care it wouldn't have taken long for that to be eaten up and then we would have had to flog the house."

Divorced father-of-two Mr Manning served in the RAF before working as a local government commercial officer. He was also a member of high-IQ society Mensa.

He was taken to A&E in Merthyr Tydfil on May 8 last year and was later transferred to a local community hospital where he has remained since.

Social workers told his family he met all the criteria for CHC yet failed an assessment in July. It was then they instructed lawyers to fight on his behalf.

Lisa Morgan, partner at law firm Hugh James, said: "Every year thousands of people are unfairly missing out on millions of pounds in NHS Continuing Healthcare funding. The NHS is failing to assess individuals correctly, and many are not fully aware of the funding they're entitled to, meaning they don't challenge decisions. It's a scandal that so many vulnerable individuals are left to bear the financial burden of care fees they should be entitled to free from the NHS.

"We attended the multi-disciplinary team assessment meeting with Mr Manning and raised arguments to demonstrate his health needs were complex and therefore he should be the responsibility of the NHS. It was agreed he was eligible for CHC and that he be discharged into a care home that offers general nursing. The family is now making the necessary inquiries to find a suitable care home."

Mr Manning will be reassessed three months after he is discharged and again annually to ensure his needs remain at the level to be eligible for CHC funding from Cwm Taf Morgannwg University Health Board.

Hugh James has recovered more than £200 million from the NHS on behalf of families for wrongly paid for care fees. Overall, more than £400 million has been recovered across Britain.

Graham added: "After dad was denied CHC I knew it was not right. It made me livid and determined to do everything. How can they carry out an assessment when patients are constantly sedated? The system almost failed him.

"Dad doesn't know who I am but he is a strong character and I know he would pat me on the back and say 'well done of not taking this lying down'.

"Many families are buckling under a heavily bureaucratic and ridiculously complicated system. It ends up breaking them."

A Cwm Taf spokesman said: "As a patient's needs change it is not unusual for continuing healthcare assessments (CHC) to be reviewed. This can result in a change to an original decision regarding eligibility for CHC as has occurred in this instance. While we do not comment on the care of individual patients we can confirm we are continuing to liaise with the patient and their family regarding this case."