BHO, R (On the Application Of) v Secretary of State for Heath and Social Care & Anor [2026] EWHC 517 (Admin) (10 March 2026)

BHO, R (On the Application Of) v Secretary of State for Heath and Social Care & Anor [2026] EWHC 517 (Admin) (10 March 2026)

The grant of residence status under Article 18.1 WA in a constitutive scheme does not have retrospective (ex tunc) effect for late applicants; rights are conferred prospectively from the date of grant. The NHS Charging Regulations, as applied, do not breach the Withdrawal Agreement in this context. The difference in treatment regarding NHS charges is objectively justified by the need to maintain the integrity of the constitutive scheme and protect NHS resources. No reference to the CJEU is required as the interpretation is acte clair.

Citation
[2026] EWHC 517 (Admin)
Parties
Claimant: BHO; First Defendant: Secretary of State for Health and Social Care; Second Defendant: North-West Anglia NHS Trust; First Intervener: The Independent Monitoring Authority for the Citizens' Rights Agreements; Second Intervener: The Advice on Individual Rights in Europe Centre; Interested Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
10 March 2026
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Withdrawal Agreement, NHS Charging Regulations, EU Settlement Scheme, Social Security Coordination, Discrimination, Retrospective Effect of Rights
Public Law Immigration Law EU Law Health Law Withdrawal Agreement NHS Charging Regulations EU Settlement Scheme Social Security Coordination +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

BHO

Claimant

Secretary of State for Health and Social Care

First Defendant

North-West Anglia NHS Trust

Second Defendant

The Independent Monitoring Authority for the Citizens' Rights Agreements

First Intervener

The Advice on Individual Rights in Europe Centre

Second Intervener

Secretary of State for the Home Department

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether residence status granted under Article 18.1 WA has retrospective (ex tunc) effect for late applicants ('Late Beneficiaries')
  2. 2 Whether charging for NHS treatment during the interim period constitutes unlawful discrimination under the Withdrawal Agreement and Regulation 883/2004
  3. 3 Whether a reference to the CJEU is required under Article 158 WA

Ratio Decidendi

The grant of residence status under Article 18.1 WA in a constitutive scheme does not have retrospective (ex tunc) effect for late applicants; rights are conferred prospectively from the date of grant. The NHS Charging Regulations, as applied, do not breach the Withdrawal Agreement in this context. The difference in treatment regarding NHS charges is objectively justified by the need to maintain the integrity of the constitutive scheme and protect NHS resources. No reference to the CJEU is required as the interpretation is acte clair.

Court Disposition

Claim dismissed

Orders

  • The claim for judicial review is dismissed.
  • No order for reference to the CJEU.