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Treatment Still Being Refused Despite Court
17th Jul 2008

Parliament's Joint Human Rights Committee hears evidence of continuing illegal refusal of treatment

Refused asylum seekers are still being denied hospital health care, including maternity services, despite High Court ruling in April that upheld the right to free treatment, a parliamentary committee heard last week.

Charities, researchers and doctors told a conference of the joint committee on human rights that the Department of Health had failed to communicate adequately the entitlement to free care, leading to treatment being denied or questioned for people with serious health problems including brain tumours and HIV.

The problem got far worse after the rules were changed
In April 2004, the Department of Health changed its rules, removing the right of refused asylum-seekers to almost all free hospital care. Almost the only free treatment the changed rules allowed was for A&E emergency care and for sexually transmitted infections - but not for HIV. HIV and other organisations had vigorously campaigned against this change before it happened.

Even more health care limits planned for migrants

Now the DH and the Home Office are seriously considering banning refused asulym seekers and others from GP and other primary care. In fact they already look set to press ahead with proposals to bar refused asylum seekers from free GP and other primary healthcare, despite widespread, passionate opposition from HIV, sexual health, women's health, and refugee and migrants organisations.

A Department of Health spokesperson said its review of access rules to the NHS for foreign nationals would be completed by the end of December and further consultation would then follow.


April in the High Court
In April this year the High Court ruled that thousands of refused asylum seekers, who cannot return to their home countries, are entitled to free treatment through the NHS - because they do fit the rules as "ordinarily resident". The Department of Health's official Guidance was ruled to be legally wrong, as George House Trust has always argued - it's the Department's dodgy dossier.

Call for proper Guidance
Dr Angela Burnett, from the Medical Foundation for the Care of Victims of Torture, said there was huge confusion about entitlement to free treatment and called for the Department to issue clear up to date guidance. She said "a much more vigorous approach" to communicating the court's decision was required. Instead the Department has decided to appeal to the Court of Appeal. The case will go to court again this autumn.

HIV should always be treated free - like all other communicable and infectious diseases
Dr Jane Anderson, an HIV specialist from Homerton University Hospital NHS Foundation Trust, London, told the committee HIV should be reclassified as an infectious disease, so everyone received treatment.

Pregnant women at significant risk
Georgie Kane from Medecins du Monde UK, which has an east London clinic that works with thousands of migrants, said lots of pregnant women are still being refused maternity care, partly because the majority are not registered with a GP, and partly because of prejudice from hospital officials.


The issues raised will be submitted by the committee as a formal response to the DH and Home Office review.


More information: past report of the Joint Committee
House of Commons and Lords Joint Committee on Human Rights – 2007 report on Asylum Seekers
http://www.parliament.the-stationery-office.com/pa/jt200607/jtselect/jtrights/81/8102.htm

source http://www.communitycare.co.uk/Articles/2008/07/15/108853/failed-asylum-seekers-being-denied-right-to-free-nhs.html