A landmark court case has sparked calls for greater accountability of local authorities in funding the cost of personal care for the elderly.
Perth man David Boath, 95, successfully challenged Perth and Kinross Council this week after he was overcharged for personal care services.
Mr Boath – who had a stroke in 2000 – was represented by Clare Macpherson, partner at Thorntons Solicitors, who says the need for an effective system to be developed in Scotland is greater than ever with its ageing population.
She explained: "Funds are drying up and some councils appear to be struggling to cope with demand.
"Personal care is defined as care 'which relates to the day to day physical tasks and needs of the person cared for, for example eating and washing and the mental processes related to those needs'.
"I speak to people who clearly feel that their physical and mental needs are not being met but are afraid to speak up, and this ruling by the Court of Session has brought the issue to the attention of councils across the country.
"The case has highlighted the need for elderly people to be aware of exactly what they are entitled to and can hopefully offer others the confidence to enquire about times where they feel they may have been overcharged for services."
The Community Care and Health (Scotland) Act 2002 states that people over the age of 65 are entitled to free nursing care and free personal care, however there is little information available to the elderly and existing materials can be complicated.
"Mr Boath was overcharged for meal preparation, a cost which was hidden amongst the charge for meals on wheels. He will also be reimbursed with fees paid for laundry services which should have been provided free of charge as his late wife suffered from Parkinson's disease.
"It can still be a bit of a postcode lottery when it comes to accessing free personal care, with waiting lists in some areas and help being given to only the most in need in others.
"One thing is for certain, a change is needed to make care of the elderly more fair and stop their vulnerability being exploited."
Issued by Beattie Communications on behalf of Thorntons Solicitors.
Contact: Kimberley Hamilton, Tel 01698 787878