Watts, R (on the application of) v Bedford Primary Care Trust & Ors

Watts, R (on the application of) v Bedford Primary Care Trust & Ors

Although Article 49 EC Treaty applies to NHS patients and the Secretary of State's interpretation was wrong, the claimant failed on the facts. At the time she sought treatment abroad, the NHS delay she faced (3-4 months) was not 'undue' given her medical condition and priority. Therefore, she was not entitled to...

Source-derived case information.

Parties
Claimant: Yvonne Watts; Defendant: Bedford Primary Care Trust; Defendant: Secretary of State for Health
Jurisdiction
England and Wales
Judgment Date
01 October 2003
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
NHS Waiting Lists, Cross Border Healthcare, Reimbursement for Medical Treatment Abroad, Article 49 EC Treaty, Article 22 Regulation 1408/71, Judicial Review of Administrative Decisions, Human Rights Act 1998
Health Law European Union Law Administrative Law Human Rights Law NHS Waiting Lists Cross Border Healthcare Reimbursement for Medical Treatment Abroad Article 49 EC Treaty +3 more

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Parties

Yvonne Watts

Claimant

Bedford Primary Care Trust

Defendant

Secretary of State for Health

Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Does Article 49 EC Treaty confer a right on NHS patients to reimbursement for treatment obtained in another EU Member State due to NHS delay?
  2. 2 Does Article 22 of Regulation 1408/71 require authorisation for treatment abroad if NHS waiting times are excessive?
  3. 3 Are NHS waiting times and refusal to reimburse treatment abroad compatible with EU law and the Human Rights Act?

Ratio Decidendi

Although Article 49 EC Treaty applies to NHS patients and the Secretary of State's interpretation was wrong, the claimant failed on the facts. At the time she sought treatment abroad, the NHS delay she faced (3-4 months) was not 'undue' given her medical condition and priority. Therefore, she was not entitled to reimbursement under EU law. The PCT and Secretary of State's decisions, while based on an incorrect legal test, did not result in a breach of the claimant's rights in the circumstances. No breach of Article 22 Regulation 1408/71 or the Human Rights Act was established.

Court Disposition

Claim dismissed

Orders

  • Claimant's application for substantive relief is dismissed
  • No order for reimbursement of treatment costs abroad