Right to receive treatment in accordance with the Human Rights Act 1998

Abstract

The question of whether a patient can rely upon a right to treatment in the courts is a topical and controversial one. This article provides a short summary of the current law on this issue and concludes that, while there is no substantive right to treatment as such, the courts are increasingly willing to enforce procedural requirements onto those bodies that make funding decisions. These procedural requirements seek to ensure that each patient is assessed on the basis of his or her individual clinical needs. Blanket policies against funding particular treatments are not permitted, but neither are funding decisions based on exceptional personal (non-clinical) circumstances. Individual clinical needs are always relevant and must be taken into account. Provided that the body making funding decisions satisfies this requirement, the courts will be reluctant to intervene with decisions about the provision of medical treatment.