Judicial review of data-sharing between hospitals and Home Office to go ahead

The Court of Appeal has given permission for a judicial review challenge to guidance that requires hospitals to tell the Home Office if patients have received medical treatment but cannot pay for it.

Mr Justice Collins refused permission for the legal action in the High Court in May. However, this has now been overturned by Lady Justice Arden in the Court of Appeal.

Law firm Deighton Pierce Glynn, which is acting for the claimants, said evidence would show that the policy was deterring people from accessing treatment, “which could have wider public health implications”.

It added: “The basis of the challenge is that the rules breach patient confidentiality and unlawfully tell hospitals that they have no discretion to refrain from informing the Home Office (for example where there are concerns about public health if the patient disengages from treatment or about child welfare).”

The case will be heard at the Royal Courts of Justice in early 2014.

Adam Hundt of Deighton Pierce Glynn has instructed David Wolfe QC and Nick Armstrong of Matrix Chambers on the case.