AN Acton Bridge man is taking the Government to court over the lack of funding available for the care of his sick brother.

Stephen Johnson, of Strawberry Lane, says the NHS 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 September 7.

He is 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.

Now Stephen is going to court on behalf of Rod and all others who are in similar situations.

He said: "I've just had enough.

"It's an absolute nightmare.

"I'm taking legal advice on the whole issue. There's no longer any point in me trying to win this."

Stephen, who now has support for his fight across the country, added: "I just want the money back from the day Rod went into the nursing home - no more.

"This is not just for Rod but for everyone. If I can help them I will."

Meanwhile as an independent review ino Rod's case approaches Steve is concerned about his brother not eating.

He said: "He no longer has a feeding tube and he is only eating small amounts.

"I'm really worried that his weight will plummet."