Press Release

31.03.2009

Asylum seekers should be able to access free health treatment, regardless of status

  • Appeal Court ruling goes against all principles of protecting and improving public’s health
  • Government must address this vulnerable group’s health needs if it is serious about health inequalities

The Faculty of Public Health (FPH) is disappointed by the Appeal Court’s decision to deny refused asylum seekers access to free hospital treatment, after an appeal by the Department of Health (DH). The appeal came after the DH’s guidance on NHS treatment for failed asylum seekers was deemed unlawful by a High Court judge in April 2008.

FPH President Professor Alan Maryon-Davis says: “This ruling goes against all public health principles of protecting and improving human health, and eradicating health inequalities. It will have serious implications for refused asylum seekers suffering from life-threatening chronic diseases such as HIV and cancer. We don't believe anyone's access to essential health treatment should be decided on whether or not their claim for asylum has been successful, nor on their ability to pay. We are very disappointed with this decision.”

Asylum seekers – regardless of the status of their application – can suffer from a range of conditions as a result of experiences in their own country and often a harrowing journey to the UK. These can include malnutrition, communicable diseases through poor sanitation and lack of immunisation, undiagnosed chronic conditions and the mental and physical effects of violence, torture and rape. Once in the UK they can then face further problems such as hostility, language barriers and lack of understanding of their needs among healthcare staff.

FPH has issued a briefing statement on The health needs of asylum seekers, available at www.fph.org.uk, that draws attention to the fact that the government is committed to upholding human rights legislation. The legislation covers those seeking asylum and states that if the government is to meet its commitments to reducing health inequalities it must address the health needs of this extremely vulnerable group.

For more information and interviews with FPH President Professor Alan Maryon-Davis, please contact FPH Press Officer Suvi Kingsley on 020 7935 3115 / suvikingsley@fph.org.uk

ENDS

Notes to editors

  1. In April 2008 High Court Judge Mr Justice Mitting challenged the lawfulness of the Department of Health’s guidance document Implementing the overseas visitors hospital charging regulations in that it did not state that failed asylum seekers can be considered to be ordinarily resident in the UK. Under the NHS Act 2006, the Secretary of State for Health has no powers to charge anyone who is ordinarily resident. The High Court’s judgement stated that failed asylum seeker status does not preclude someone from being ordinarily resident in the UK. Previously, those whose asylum appeal had been rejected but were still in the UK had been unable to access free treatment.
  2. FPH (www.fph.org.uk) is the leading professional body for public health specialists in the UK. It aims to promote and protect the health of the population, and improve health services, by maintaining professional and educational standards, advocating on key public health issues, and providing practical information and guidance for public health professionals.


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