Claiming Social Care Support for Medical Cannabis Patients in the UK

PatientsCann UK — Social Care Support Patient Resource Social Care Care Act 2014 Claiming Social Care Support for Medical Cannabis Patients in the UK If you receive a social care package from your local authority, you may be able to have your CBPM prescription costs assessed as Disability Related Expenditure — potentially reducing your social care charges. PatientsCann UK·Patient Resource · Care Act 2014 What Is DRE? Disability Related Expenditure (DRE) covers the extra costs associated with managing a health condition. Under the Care Act 2014, verified DRE is disregarded in financial assessments, meaning it can reduce how much you pay for social care. Key Point A successful DRE claim does not mean the NHS pays for your cannabis prescription. It means your prescription costs are excluded from the calculation of your social care contribution, reducing your charges. How Financial Assessments Work Under Section 14 of the Care Act 2014, local authorities can charge for social care, but they must ensure that such charges are fair and transparent. A financial assessment will factor in savings, pension and benefit income, and disability benefits. The assessment must disregard verified Disability Related Expenditure. How to Claim CBPM Costs as DRE To claim, you must provide evidence demonstrating that CBPM is a necessary treatment for your condition and that no effective alternative medications are available through the NHS. Many councils require support from a GP or healthcare consultant rather than evidence from a cannabis prescriber alone. If Your Claim Is Denied If your local authority rejects your request to classify CBPM costs as DRE, you can: File a formal complaint with the council, following their internal complaints procedure If unresolved, escalate to the Local Government and Social Care Ombudsman (LGSCO), which will independently assess your case Case Law Recent Ombudsman Precedent LGSCO Reference: 24 001 331 — Brighton & Hove City Council In this recent case, Brighton & Hove City Council was found at fault for mishandling a social care assessment for a patient requesting that their CBPM costs be included as DRE. The Ombudsman identified three key failures: Failure to Consider Medical Evidence: The patient provided evidence that alternative medications posed serious health risks. The council appeared to disregard these critical points in its assessment. Lack of Transparency: The council claimed the patient’s cannabis medication costs were “unreasonable,” yet failed to provide a clear justification for its decision. Injustice to the Patient: The absence of a thorough review means the patient cannot be confident that her request was properly evaluated — a clear injustice under the Care Act 2014. Patients who encounter similar challenges are encouraged to challenge decisions through formal complaints and escalate to the Ombudsman if necessary. Councils rarely refuse Ombudsman recommendations. Step Action Evidence Needed 1 Request a financial assessment and declare CBPM costs Prescription records, cost evidence 2 Submit DRE evidence with GP/consultant support letter GP or specialist letter confirming necessity 3 If refused, file formal complaint with the council All correspondence and medical evidence 4 Escalate to LGSCO if complaint unresolved Full case history for independent review Further Guidance The Local Government and Social Care Ombudsman and Care Act Statutory Guidance are key resources for patients navigating this process. LGSCO Website Full Guide Mohammad Ismail “Ish” Wasway · Managing DirectorPatientsCann UK® · UK’s Medical Cannabis Patient Organisation · patientscann.co.uk

Network Rail’s Medical Cannabis Policy: A Cause for Concern

PatientsCann UK — Network Rail Policy Discrimination Employment January 2025 Network Rail’s Medical Cannabis Policy: A Cause for Concern PatientsCann UK is deeply concerned by Network Rail’s safety advice NRA24-13, which imposes a blanket ban on employees using prescribed medical cannabis — potentially violating the Equality Act 2010. PatientsCann UK·News & Advocacy·January 2025 What the policy does: The policy mandates automatic suspension for employees prescribed medical cannabis for conditions not covered by NICE guidelines. It requires cessation of treatment and proof of a “clean” test before reinstatement — regardless of the employee’s role or whether their prescription affects their ability to perform their duties. Equality and Discrimination Concerns The Equality Act 2010 protects individuals with disabilities or long-term conditions, requiring employers to make reasonable adjustments rather than imposing blanket restrictions. Network Rail’s stance risks discrimination by disproportionately affecting those with legally prescribed medical cannabis treatments. This approach disregards the fact that medical cannabis is often prescribed as a last resort after other treatments fail. Forcing patients to abandon their effective treatment places undue pressure on their wellbeing. Our Call for Change PatientsCann UK has written to Network Rail, urging them to: Reassess their policy with input from stakeholders, including patients and advocates Adopt an evidence-based, individualised approach to ensure safety and equality are balanced Offer reasonable adjustments for employees prescribed medical cannabis We believe policies should focus on functional assessments, rather than blanket assumptions about impairment. Other potentially impairing medications — such as opioids — are managed on a case-by-case basis. Medical cannabis should be no different. Open Letter Read Our Letter to Network Rail Open Letter to Network Rail Download Affected by This Policy? If you or someone you know has been affected by Network Rail’s policy, we want to hear from you. Contact us at info@patientscann.org.uk. Read the Open Letter Contact Us PatientsCann UKUK’s Medical Cannabis Patient Organisation · patientscann.co.uk