News

10.12.18

High Court rejects ‘hostile environment’ policy challenge from Windrush man who was refused cancer treatment

A member of the Windrush generation who was refused cancer treatment has lost a legal challenge against NHS regulations that make people who cannot prove British residency pay for treatment.

A High Court judge has refused the attempt to bring a judicial review of the controversial NHS regulations which has seen hundreds of patients denied treatment for serious health problems.

The 2017 NHS regulations force people who cannot prove UK residency to pay for treatment in advance, and Mr Justice Lewis said the government was not legally requited to hold a public consultation before bringing in the rules or to keep records on people who could be charged.

He ruled that the government had complied with equality laws and the National Health Service Act 2006, and therefore refused a judicial review into the “hostile environment” policy.

A 58-year-old man identified as ‘MP’ first came to the UK from St Lucia with his family when he was 14.

In 2015, he was refused leave to remain in the UK at around the same time he was diagnosed with a form of incurable blood cancer, the High Court was told at a hearing in July.

He was told he would have to pay thousands of pounds for courses of chemotherapy and a stem cell transplant, and when he was unable to pay the sum upfront he was refused treatment.

The treatment was only resumed when his lawyers contacted the London hospital trust where he was a patient.

Sitting in at the High Court in London, Justice Lewis said in his judgement: “The defendant was not required to consult publicly before amending the relevant regulations and imposing a requirement that advance payment for treatment be made or requiring that records be kept of chargeable individuals … The claim for judicial review of the 2017 regulations is therefore dismissed.”

Another Windrush member made headlines earlier in the year when he was denied cancer care, although he was eventually given a date to start radiotherapy after a public outcry.

Comments

There are no comments. Why not be the first?

Add your comment

national health executive tv

more videos >

latest news

View all News

comment

NHS England dementia director prescribes rugby for mental health and dementia patients

23/09/2019NHS England dementia director prescribes rugby for mental health and dementia patients

Reason to celebrate as NHS says watching rugby can be good for your mental ... more >
Peter Kyle MP: It’s time to say thank you this Public Service Day

21/06/2019Peter Kyle MP: It’s time to say thank you this Public Service Day

Taking time to say thank you is one of the hidden pillars of a society. Bei... more >

editor's comment

26/06/2020Adapting and Innovating

Matt Roberts, National Health Executive Editorial Lead. NHE May/June 2020 Edition We’ve been through so much as a health sector and a society in recent months with coronavirus and nothing can take away from the loss and difficulties that we’ve faced but it vital we also don’t disregard the amazing efforts we’ve witnessed. Staff have gone above and beyond, whole hospitals and trusts have flexed virtually at will to meet demand and pressures and we’ve... read more >

last word

Haseeb Ahmad: ‘We all have a role to play in getting innovations quicker’

Haseeb Ahmad: ‘We all have a role to play in getting innovations quicker’

Haseeb Ahmad, president of the Association of the British Pharmaceutical Industry (ABPI), sits down with National Health Executive as part of our Last Word Q&A series. Would you talk us throu more > more last word articles >

interviews

Matt Hancock says GP recruitment is on the rise to support ‘bedrock of the NHS’

24/10/2019Matt Hancock says GP recruitment is on the rise to support ‘bedrock of the NHS’

Today, speaking at the Royal College of General Practitioners (RCGP) annual... more >

the scalpel's daily blog

Covid-19 can signal a new deal with the public on health

28/08/2020Covid-19 can signal a new deal with the public on health

Danny Mortimer, Chief Executive, NHS Employers & Deputy Chief Executive, NHS Confederation The common enemy of coronavirus united the public side by side wi... more >
read more blog posts from 'the scalpel' >

healthcare events

events calendar

back

September 2020

forward
mon tue wed thu fri sat sun
31 1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 1 2 3 4
5 6 7 8 9 10 11

featured articles

View all News