Richard Ford, Home Correspondent
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Thousands of failed asylum-seekers won the right to free healthcare yesterday, when the High Court ruled that restrictions on NHS treatment were unlawful.
The court victory by a Palestinian, known only as A, was the latest of several judicial rulings against Government policies this week.
Regulations barring failed asylum-seekers from receiving free NHS treatment while they wait to be sent home were declared unlawful by Mr Justice Mitting.
He said that guidance advising NHS trusts to charge unsuccessful asylum applicants for treatment did not apply when the person would otherwise be treated as “ordinarily resident” in the UK. The ruling affects an estimated 11,000 failed asylum-seekers whose return home has been delayed.
The Palestinian who brought the case is suffering from chronic liver disease but his return home has been held up because of the situation in the West Bank and problems with his documentation.
He brought the case against the West Middlesex University Hospital NHS Trust, seeking to challenge their refusal to provide him with care.
The trust is now providing care and the claimant is being supported financially by the Home Office pending his return home. Mr Justice Mitting granted the Department of Health, which had fought the case, permission to appeal against the ruling. Adam Hundt, the man’s solicitor, said: “ He has never broken the law and the Home Office recognises that it has to provide him with accommodation so as not to breach his human rights.
“It seems perverse that housing is considered a basic human right and that healthcare is not.”
Mr Hundt, of Pierce Glynn, added: “The government accepts that my client is doing all that he can to return home yet the government prevents him from working whilst he is waiting for the West Bank travel restrictions to be lifted. As a result my client cannot earn the money to pay for his treatment and if he does not receive the medication he needs his life is at risk.”
He said: “Most doctors in the NHS seem to understand the need to provide limited healthcare in these circumstances on humanitarian and public health grounds but the Department of Health’s guidance forbade this. I am very pleased that the court has taken a different view and that my client will continue to receive essential healthcare pending his return.” He added that the rules were leading to “grotesque human suffering”.
Deborah Jack, chief executive of the National Aids Trust, which helped to bring the case to court, said: “For years failed asylum-seekers have been denied free treatment for long-term conditions, including HIV.
“Many are facing enforced ill-health as government policy has left them destitute and without health care.”
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I was surprised to read the comment above about the NHS being a subscriber service. This is not correct. National insurance contributions count for state benefits such as pension etc. They have no bearing on entitlement to treatment.
Presumably the person above who lives in France expects both the NHS and the French service to provide for him?
And can I point out to the person in NZ that the European CONVENTION on Human Rights is signed by 45 European countries. It is nothing to do with the EU. Yes by all means let's abolish it and go back to how things were in Europe before then. Fascism, mass murder, all those nice things the people who framed the convention thought it might be good to do without.
JS, Worcester, Worcestershire
Human right dont apply to people born and bred in this country it seems.
John, Essex, UK
Intenational NHS, nothings changed except the tax burden thankyou Labour for being so WEAK. You have failed the people of this country.
steve tea, manchester, cheshire
I have yet to hear of an asylum seeker, legal or illegal, economic migrant etc. being denied healthcare, education, interpreters or housing.
I have heard of British mothers to be being ferried around the country in a desperate search for a hospital bed...does this count as a breach of "human rights"?
I have heard of British people taking their ailments abroad for treatment not available to them in this country...does this also count as a breach of "human rights"?
Elizabeth Philips, Halifax, UK
Roll up, roll up for the biggest give away of British taxpayers money. Come one, come all we still have a few pennies left.
Roger, Surrey,
Now every ill person in the world might as well come on over here, refuse to leave and then get free health treatment for which the already hard pressed British tax payer will pay for and no doubt end up at the end of the queue when they want treatment. How stupid and removed from reality is this judge. The NHS will go broke and unable to cope under the strain
D. Izzard, London, uk
Many Human Rights cases are done pro bono, that is to say, free of charge, since the issues at stake are matters of public interest. In the real world, this means after-hours non-chargeable case development.
NHS funding problems stem rather from mismanagement and consultant-overload, in the run-up to crony-on-crony privatisation. Far too many mediocrities are hitching a personally profitable, bonus-enhanced free-ride on the NHS. Let's have a look at the fees banks have booked on the PFI, eh what? How about them derivatives?
What commentators here fail to realise is that the slavering US Health "Insurance" industry rations care in a more structured, vicious, cynical manner than the NHS ever could..
Dion Per Sona, CHARLESTON,
This really is a country of two halves - those who get precedence in benefits and services and those who just have to foot the bill !
Is this a secret plot by the "establishment" to;
a) create more emmigration by the natives
b) make the BNP more electable
or more likely
c) make the UK the laughing stock of the world
Sarah , radlett,
Our pensioners struggle to meet bills, our armed forces are underequipped, our police struggle to tackle the rising rate of violent crime, our post offices are being closed down, AND WE GIVE FREE HEALTH CARE TO PEOPLE WHO SHOULDNT BE HERE, WAKE UP BRITAIN!!!!!!!!
TIME TO RECLAIM OUR COUNTRY!
Pete, St Albans, England
This must be our lucky week -
First we hear that we cannot deport suspected terrorists in case it infringes their human rights and even better that we are to keep them on benefits
Now we get the priviledge of paying for failed asylum seekers to have health care. I hope that they will get benefits too.
The Government is really spoiling us
Jules, London,
As a self-employed person, i still haven't got over the pain of writing my tax Mega-Cheque at the end of January. Please can we use this money for the benefit of UK citizens, because I simply can't afford support the entire world!
I was also wondering why asylum seekers, who are clearly non-EU/non-European, are not hosted with one of our Commonwealth partners - ideally a country close to their cultural origin. I see no reason for them remaining in the mainland UK.
Mike Hart, London, UK
Despite what the judges seem to think, they draw their power from the people, not the crown or any organ of the state, if the judges continue to suppress the desires of the vast majority of the people, then they will reap the consequences of their own failure.
Perhaps maybe it time we introduce an elected judiciary, if these wondering clowns had to face the voters every now and then, maybe they would consider not just the letter of the law, as they see it, but also the greater implication of what they are doing.
Come out of your ivory towers your Lordships and smell the rot pervading our society.
Ian J, Ramsgate, UK
We can not be all things for all people, and only a fool would imagine we can. I do not want to share anyting with anyone from anywhere if they should not be here. We already have medicare rationing to some extent with postcode lottery on prescriptions. That can only get worse if more non payers take a share. Roll on the election and lets get rid of this government and start to get sanity back into everyday life.
Tiny, Birmingham, England
Old age pensioners need help, the chronic sick need medicines, and were told their requirements are too expensive.
What are the chances of this Judge fixing it for them? He seems to have more power than thegovernment.
No doubt we would be told they dont qualify because they are British.
PS I dont include the Scots in this as they are already sorted.
sid james, lancashire, england
I can sympathise with the failed asylum seekers and I understand their need for healthcare, it would be wrong not to help anyone suffering, IMO.
But on the other hand, as is the case for HIV suffers who require costly and long term healthcare and medcines, will they still recieve the level of care when they return home?
Will they even have access to a hospital?
I only ask this because could this then become their excuse for staying in this country? That they will die without expensive medicine and healthcare (which they will not get at home) and therefore need to stay here.
I know that it is awful for them, to be ill or dying and being sent back to a country that they hate but we cannot (as much as some would like) cure the whole world of its ills from our budget within our infastructure of NHS, social housing, free education, etc.
kim, london,
The politicians and judges in this country are all completely out of touch with the proverbial person on the street. Whilst it may be very altruistic of Mr. Justice Mitting and give him and his fellow bewigged colleagues a very warm feeling of self-righteousness, they wont be feeling the pinch when our taxes are increased to pay for these health tourists.
It seems that every day yet another story is published which stretches one's belief. When can we have a change of government and the return of a modicum of sanity ?
R.M., London, England
This ruling rather overlooks the fact that the NHS is actually a private healthcare provider for which we all pay subscriptions.
If we have not subscribed, or have not sufficient subscription credits, then we are not entitled to NHS care either.
If an assylum seeker has sufficient credits or contributions, then fine. If not, they should not get care without payment.
Or perhaps we should all be entitled to get private care free of charge from private dentists if we cannot find an NHS dentist to do the work and have not subscribed to a private dental plan?
The country's going mad.
Mike Poulsen, Reading, Berkshire
Funny (not!) but when I moved to France I had no guaranteed rights under their Health Care system.
I paid my way in the UK for 38 years and yet, on leaving the UK I was informed that I no longer qualified for treatment there as "the NHS is a residence-based system"!
Fair enough, but illegal immigrants are not residents are they?
And Barry, the answer appears to me to be a resounding "YES!".
Terry, Bagneres, France
I served nearly 40 years in the UK Armed Forces. I am now temporarily resident in France but I still pay UK income tax. But because I do not have a UK residential address I have no access to the NHS. Now if I fall ill when visiting home, I presume I just claim asylum, and Lo, the doors will open? Oh silly me, no they won't - after all I am a white man.
Colin, Sarlat, France
Now I know why I have just had to wait a fortnight to get anti-biotics for a chest infection. Being a taxpayer, I will, naturally, be at the bottom of the waiting list.
judy, Liverpool, England
Starright;
If the same principal applied to elderly people of this country, some who have to sell life time possessions to pay for health care that they spent a life time paying for - or at least suffering under the belief that the money that was taken from their pay packets every week to pay for retirement and care. I too would accept what you say. Social reponsibility has been replaced with human rights, written by and for the benefit of lawyers.
Alex , Winchester , UK
That should shorten the waiting lists for treatment!
David, Covington, USA
Oh for gods sake.........
this is why are taxes are so high...we cant go over there and use there health service and claim there benifits.
why dont we just open the floodgates and let everyone in..
oh we have and they are
Michael O'Brien, Blackpool, Great Britain
Is Britain the only country who's judges
follow all the rubbish that comes out of Brussels and the stupid organisation,The European Charter on Human Rights.
I noticed below it said crisis in Zimbabwe
chance for Brown to make a name for himself. If Brown dumped this European Human Rights rubbish he could possible win the next election,I would give thought to voting for him.
Barry Holmes, Christchurch, New Zealand
Maybe it ought to be called the International Health Service; following this ruling, it will surely encourage anyone from anywhere to opt for the malady of "health tourism" and fly to this country for free medical treatment at the expense of the poor old British taxpayer... maybe these so-called "human rights lawyers" ought to donate some of their disproportionately inflated wages if they are so concerned... patently disgraceful, considering how British Citizens who have paid into the system all their lives can't receive decent healthcare!
Robert Eagle, Birmingham, UK
lol! You couldn't make this stuff up!
Phill, Wirral, England
I am gladdened by this ruling and express thanks to the House of Lords for paving the way for the humane approach to human suffering to be implemented by the Courts.We do not put criminals outside the duty of care so why should we ignore failed asylum seekers with serious health problems. This is the proper
course of action.It seems some Courts are the last bastions of
decent ethical behaviour nowadays.Long may they continue!
Starright, Wirral, England