Winston Solicitors Appoints Older Client Solicitor, James Urquhart-Burton

A Warm Welcome to Our New NHS Continuing Healthcare Claims Solicitor, James Urquhart-Burton 

We are delighted to welcome James Urquhart-Burton to Winston Solicitors as our new NHS Continuing Healthcare Claims specialist solicitor. With extensive experience in older client law, helping people to navigate the complexities of care home funding and related legal matters, James is committed to providing clear, compassionate, and expert advice. In this Q&A, James shares his insights on care home charges, the challenges families face, and how he can help you find the right solutions for your circumstances.

Welcome to Winston Solicitors. Could you talk us through your background and what led you to pursue a career as an Older Client Solicitor?

My undergraduate degree was Law with Spanish and I commenced my legal career after completing the Legal Practice Course at the College of Law. After working at a national law firm in Leeds for just under a year, I was offered a training contract there and an opportunity arose to complete my training and qualify into the Care Homes Department. The team worked exclusively to assist people and their families to secure NHS Continuing Healthcare Funding in relation to care costs.

I was promoted to partner and Head of Department, and after a few years I took the decision to broaden my skill set and work under a highly experienced contentious probate partner at a Yorkshire-based law firm. Over the next four years, I continued to provide services in relation to care fee disputes and NHS Continuing Healthcare Funding, whilst litigating property ownership, inheritance and financial abuse disputes in the civil courts.

I’m excited to be working at Winston Solicitors and providing a new service not previously offered. I’ve always been interested in any aspect of the law which impacts on older, vulnerable clients, and I am a member of the Association of Lifetime Lawyers.

What attracted you to a career in law and which areas other than older client law do you have experience in?

I did well at GCSE Spanish and was keen to take it further but combine it with another subject. A teacher suggested Law with Spanish, and the rest is history.

Before qualifying as a solicitor, I gained experience in employment law and personal injury. I have extensive experience in NHS Continuing Healthcare claims and all things care fee related. I also have a working practical knowledge of contentious probate law, which includes inheritance claims and will disputes, financial abuse of older people and property ownership disputes.

What drew you specifically to the area of Care Home Charges, and why do you find this work fulfilling? 

I was keen to work in an area of law which balances close client contact and dealing with disputes. Care Home fees often exceed £4,000 per month, and the financial burden on families who need care is enormous. I find it very fulfilling to help families secure the funding they are legally entitled to.

What are some of the most rewarding aspects of working with older clients and their families?

Helping people to preserve important assets, such as the family home, is very rewarding. I previously recovered over £350,000 in wrongly paid care home fees and interest for one family, which was the highlight of my career. On a day-to-day level, I enjoy providing advice to clients in a way which they can understand and which makes a difference to how they’re feeling. It helps them to regain control of the situation they’re in. 

What attracted you to join Winston Solicitors, and how does the firm align with your approach to older client law?

Leeds is an excellent place to be for legal work, second only to London, and the firm is in a super part of the city. When I met Jonathan Winston, I could tell that the firm had an approachable, family feel, putting client service first as the number one priority. This aligns with my values and those of my clients.

How do you approach the sensitive nature of advising older clients and their families during emotionally challenging times?

In my experience, what most people need is someone who is patient, listens, cares and provides them with reassurance and advice in the right way, at the right time. Advice needs to be presented in a way that is quickly and easily understandable. 

What are some of the biggest misconceptions people have about care home funding?

The three biggest misconceptions I come across in healthcare funding are the following: 

• If I transfer my house to my child and survive 7 years, it can’t be taken into account by a local authority when deciding how much I should pay for my care. 
  This is wrong. The timing is relevant but the reason why the transfer took place (i.e. to avoid future care costs) is what makes it a deliberate deprivation of capital to try to avoid paying for care.
• I need to be on death’s door to qualify for NHS Continuing Healthcare Funding. 
  This is incorrect. You’re eligible for Continuing Healthcare if the care needed to meet your needs requires a level of skill which is over and above the type of care that the local authority social services department can provide. This is determined by consideration of the nature, intensity, complexity and unpredictability of your needs. 
• I won’t qualify for NHS Continuing Healthcare Funding because I’m not in a nursing home. 
  This is also not true. The setting in which the care is provided is not a relevant consideration in determining eligibility; neither is whether a nurse or health professional is providing your care.

Could you walk us through the main legal challenges families face when it comes to care home charges?

One of the biggest challenges is that NHS bodies and local authorities are large organisations and the eligibility criteria for funding is complex. This leaves individuals and their families at the mercy of these organisations and their decisions about care home funding. These decisions can have an enormous financial impact on the individual and their family, so it’s important to get advice. 

Are there any recent developments or changes in care home funding law that people should be aware of?

We should all be keeping an eye open for potential reform and changes to the social care funding sector. Proposed changes in the past which did not take effect (such as the cap on care costs under the Care Act 2014) may have been of limited benefit to some people and may also have disadvantaged individuals who could least afford to pay for their care.

How can early legal advice make a difference for families navigating care home funding?

Having an understanding of the care funding system will prepare you for dealing with these authorities. I am often instructed to help with an appeal against an NHS Continuing Healthcare decision which has already been made, but I have seen an increase in the number of people instructing me to represent them at forthcoming eligibility assessments. The benefit of doing this is that the assistance of an advocate will help to ensure that eligibility assessors follow the guidance and consider all relevant information before making an eligibility recommendation.

What advice would you give to someone who is just starting to explore care home funding options for a loved one?

Making sure their needs are met comes first before financial considerations, so address any urgent need for care provision first. You need Lasting Power of Attorney for Finance or a court order appointing you as a Deputy to manage the person’s care home funding, so get advice about that if needed. As to care home funding, get to grips with whether the individual will qualify for means tested funding, and read up on non-means tested NHS Continuing Healthcare Funding so that you know about the options. Seek advice early on.

How do you ensure your advice is clear and accessible, especially for clients unfamiliar with legal or financial matters?

This is a skill which lawyers develop with experience, and continue to develop throughout their careers. It’s important to be aware of and assess your client’s language ability, taking account of any impairment of disability they may have, and consider how to make your advice more accessible to them.

What do you see as the key trends or challenges in Older Client law over the next few years?

As the population grows and gets older, more and more people will have complex needs that require care and support. This will place increasing demands on public services and funds. This may in turn result in fewer awards of care home funding and increase the need for challenge to be presented.

What motivates you most in your work with elderly clients and their families?

Sharing information with an older client and their family which helps them and ultimately results in a great outcome.

Outside of work, are there any hobbies or interests that help you unwind or inspire your approach to client care?

I try to take life outside of work at a slower pace and to enjoy the simple things in life like walking in the fresh air or preparing a nice meal… Dull I know! 

What’s one piece of advice you’d give to someone considering a career in Older Client law?

If you’re sociable and enjoy interacting with people, then a career which brings you into daily interaction with families, and helping them to solve their personal problems is likely to be a good match for you! Patience and an appreciation of the challenges older people face will go a long way in providing them with appropriate legal services.