EU Ruling makes mockery of Governments waiting lists and spells more trouble for NHS

1.04.45pm BST (GMT +0100) Tue 16th May 2006

Release time: 16/05/2005 Embargo: Immediate

The European Court of Justice today ruled that the NHS could not refuse to refund costs of overseas treatment if patients waited longer than clinicians advised, even if waiting list targets were met.

The ruling will allow any patient facing an unacceptable delay who has the funds to pay for an operation upfront to seek treatment abroad and recoup the costs from the NHS.

Liz Lynne, Liberal Democrat MEP and campaigner on Health issues in the European Parliament, commented today from Strasbourg;

"The European courts were right to support the free movement of persons to receive services and that clinicians are best placed to make decisions about the need for treatment. This ruling shows that Government targets are failing patients."

However the verdict could have significant financial implications for the NHS and is potentially damaging at a time of huge deficits.

"If the Government got its act together we wouldn't be in this mess, but we are and a balance now needs to be struck. Clearly, the NHS is not in a position to pay for treatment abroad on demand, but if a clinician advises treatment and this cannot be provided at home, then the NHS will have to cough up."

ENDS

Notes to editors

http://news.bbc.co.uk/2/hi/health/4985190.stm

Yvonne Watts, 74, from Bedford, had been promised a reduced waiting time for NHS treatment, from a year to three to four months.

But she was in such pain from severe arthritis that she spent almost £4,000 on surgery in France, despite the refusal of Bedford Primary Care Trust to authorise treatment abroad.

Now the European Court of Justice in Luxembourg has ruled on her claim that the trust's refusal to reimburse the cost was a breach of EU rules.