S (a child) v NHS England

S (a child) v NHS England

The defendant failed to properly apply its IFR policy by not adequately considering the claimant's exceptional clinical circumstances, particularly her rare and severe form of narcolepsy and deteriorating condition. The restrictive application of exceptionality was unlawful, and the claimant qualified for funding under the IFR policy.

Parties
Claimant: S (a child) by her father and litigation friend M; Defendant: NHS England
Jurisdiction
England and Wales
Judgment Date
15 June 2016
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed
Legal Topics
NHS Funding, Exceptionality Policy, Disability Discrimination, Children Act 2004, Clinical Commissioning, Individual Funding Requests
Health Law Administrative Law Children's Rights NHS Funding Exceptionality Policy Disability Discrimination Children Act 2004 Clinical Commissioning +1 more

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Parties

S (a child) by her father and litigation friend M

Claimant

NHS England

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether NHS England lawfully refused to fund sodium oxybate for the claimant under its IFR policy
  2. 2 Whether the IFR policy was correctly applied to the claimant's exceptional clinical circumstances
  3. 3 Whether there was unlawful discrimination between children and adults or between Pandemrix and non-Pandemrix groups

Ratio Decidendi

The defendant failed to properly apply its IFR policy by not adequately considering the claimant's exceptional clinical circumstances, particularly her rare and severe form of narcolepsy and deteriorating condition. The restrictive application of exceptionality was unlawful, and the claimant qualified for funding under the IFR policy.

Court Disposition

Claim allowed

Orders

  • NHS England to fund provision of sodium oxybate to the claimant for a three month trial period under the control of Dr Elphick