Watts, Regina (on the Application of) v Bedford Primary Care Trust and others: Admn 1 Oct 2003

The claimant sought hip-replacement treatment. She was first told that she would have to wait a year. As her lawyers pressed the respondent, she looked at obtaining treatment in France. As she decided to take the treatment, the respondent reduced the waiting time to four months. She sought judicial review, and to recover the cost of the treatment.
Held: The claimant had no remedy in domestic law. The respondent could refuse the certificate which would allow her to recover the cost for lack of medical necessity only if the the same treatment could be offered locally without an undue waiting time. In this case, the one year wait was unreasonable, but the four months was not undue, and a certificate had been properly refused. Though the claimant failed on the particular facts, her argument was correct.


Munby J


Times 03-Oct-2003, [2003] EWHC 2228 (Admin), [2003] EWHC 2401 (Admin), Gazette 16-Oct-2003, [2006] 1 QB 667


Bailii, Bailii


European Convention on Human Rights


England and Wales


AppliedGeraets-Smits v Stichting Ziekenfonds VGZ Peerbooms v Stichting CZ Groep Zorgverzekeringen ECJ 12-Jul-2001
Where a member of a sickness scheme sought treatment in another member state, it was proper to require prior authorisation, but any conditions imposed had to be justifiable and proportionate. In this case the scheme required the recognition of the . .
CitedMuller-Faure v Onderlinge Waarborgmaatschappij OZ Zorgverzekeringen UA, van Riet v Onderlinge Waarborgmaatschappij ZAO Zorgverzekeringen ECJ 13-May-2003
Europa Freedom to provide services – Articles 59 of the EC Treaty (now, after amendment, Article 49 EC) and 60 of the EC Treaty (now Article 50 EC) – Sickness insurance – System providing benefits in kind – . .
CitedRegina v Cambridge and Huntingdon Health Committee Ex Parte B CA 10-Mar-1995
A decision by a Health Authority to withhold treatment for a patient could be properly so made. It was not ordinarily to be a matter for lawyers. A Health Authority’s withholding of treatment, which might not be in a child’s simple best interests . .
CitedRegina v Secretary of State for Social Services ex parte Hincks 1980
The respondent’s duties under s3 of the 177 Act are not absolute. . .
CitedRegina v North Derbyshire Health Authority ex parte Kenneth Graeme Fisher Admn 11-Jul-1997
The court considered the duty of the authority to take account of guidance issued by the Secretary of State: ‘If the circular provided no more than guidance, albeit in strong terms, then the only duty placed upon health authorities was to take it . .
CitedRegina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor CA 16-Jul-1999
Consultation to be Early and Real Listening
The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were . .
CitedNorth West Lancashire Health Authority v A D and G CA 29-Jul-1999
A decision not to fund gender re-assignment surgery was operated as a blanket policy without proper regard for individual cases and so was unlawful as an effective fetter on the discretion which the Health Authority was obliged to exercise. A lawful . .
Lists of cited by and citing cases may be incomplete.

Health, European, Human Rights

Updated: 02 April 2022; Ref: scu.186551