BHO, R (on the application of) v Secretary of State for Health and Social Care & Anor

BHO, R (on the application of) v Secretary of State for Health and Social Care & Anor

The grant of new residence status under Article 18.1 WA confers Title II Part 2 WA rights prospectively, not retrospectively; Late Beneficiaries' pre-application residence is not rendered lawful under the WA. The indirect discrimination in NHS charging is justified by the legitimate aim of promoting and ensuring the integrity of the UK's constitutive scheme under Article 18.1 WA.

Parties
Claimant: BHO; First Defendant: Secretary of State for Health and Social Care; Second Defendant: North-West Anglia NHS Trust; First Intervener: Independent Monitoring Authority for the Citizens’ Rights Agreements; Second Intervener: Advice on Individual Rights in Europe Centre; Interested Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
03 October 2026
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Withdrawal Agreement, NHS Charging Regulations, Equal Treatment, Indirect Discrimination, Constitutive Vs Declaratory Schemes, Retrospective Effect, Children's Rights, Human Dignity
Public Law EU Law Immigration Law Social Security Law Withdrawal Agreement NHS Charging Regulations Equal Treatment Indirect Discrimination +4 more

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Parties

BHO

Claimant

Secretary of State for Health and Social Care

First Defendant

North-West Anglia NHS Trust

Second Defendant

Independent Monitoring Authority for the Citizens’ Rights Agreements

First Intervener

Advice on Individual Rights in Europe Centre

Second Intervener

Secretary of State for the Home Department

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Does residence status granted pursuant to Article 18.1 WA have retrospective (ex tunc) effect for Late Beneficiaries?
  2. 2 Is the indirect discrimination under Articles 30/31 WA and Reg 883/2004 regarding NHS charges objectively justified?
  3. 3 Should the Court make a reference for a preliminary ruling from the CJEU pursuant to Article 158 WA?

Ratio Decidendi

The grant of new residence status under Article 18.1 WA confers Title II Part 2 WA rights prospectively, not retrospectively; Late Beneficiaries' pre-application residence is not rendered lawful under the WA. The indirect discrimination in NHS charging is justified by the legitimate aim of promoting and ensuring the integrity of the UK's constitutive scheme under Article 18.1 WA.

Court Disposition

Claim dismissed