NI waiting lists: Health trusts 'powerless to fix issues'
- Published
Health trusts are powerless to fix issues around hospital waiting lists, Belfast's High Court heard on Wednesday.
Counsel for two authorities being challenged over delays in treatment acknowledged that the current system is "suboptimal".
But it was argued that a legal target duty to provide healthcare has still been met.
Judgment was reserved in cases brought by two women over delays in treatment.
Judicial review challenges have been brought against the Department of Health as well as the Belfast and South Eastern Health and Social Care Trusts.
May Kitchen, 77, and Eileen Wilson, 48, claim the authorities unlawfully failed to provide them with necessary medical care within a reasonable time.
They allege failures to meet the minimum legal standards in the running of a health service and a breach of their human rights.
Representing both trusts, Tony McGleenan QC, said: "There is no suggestion of bad faith here, there is an acknowledgement that there are serious structural problems in the healthcare system, and they are at the macro level.
"They are not being resolved, but as far as the trusts are concerned there is virtually nothing they can do about that."
Mrs Kitchen, a retired nurse who has lived alone since the death of her husband, was diagnosed with cataracts in 2015.
Amid fears that she would lose her sight, she was told that the waiting list for surgery was 42 months.
The pensioner eventually used medical insurance for private treatment, but said she should not be out of pocket due to her entitlement to free healthcare.
Ms Wilson, a mother of six from east Belfast, has been seeking an urgent consultation with a neurologist about her suspected multiple sclerosis since June 2017.
During the hearing, Mr Justice Colton was told one in seven people in Northern Ireland have spent longer than 12 months on a hospital waiting list amid "catastrophic" delays in securing treatment.
Figures in a specially-obtained report also revealed that prospective patients are 48 times more likely than those in Wales to face a year-long wait for care.
Lawyers for the Department of Health made no attempt to diminish the impact of both women's experiences, but said the court should not interfere in political decisions on the allocation of finite resources involving no allegation of bad faith.
Mr McGleenan backed those submissions and highlighted an affidavit which described the delay in treatment for Ms Wilson as "unacceptable".
"Nothing we say on the legal question should erode that frank acknowledgment of the unsatisfactory nature of provision," he said.
But setting out a general target duty contained in legislation to provide healthcare services, the barrister claimed the grounds of challenge were "ultimately ineffective".
"We are in a position where shortage of resources is being dealt with by equitable methods, no doubt causing extreme frustration, queues and waiting lists, prioritisation," he said.
"Those (do not indicate) bad faith or illegality. Those are appropriate responses."
Mr McGleenan added: "The state has satisfied its positive obligations by putting in place the healthcare system, even if its functioning is currently, as we have acknowledged, suboptimal."
Lawyer Ciaran O'Hare, from McIvor Farrell Solicitors, represents the two women.
"In the absence of a functioning executive, my clients cases are more vital than ever before," he said.
"My clients' hope that their cases will be the catalyst for the politicians to make the radical change that has been so desperately needed."