NI waiting lists: Women lose legal challenge

Two women who took legal action to highlight long hospital waiting lists have lost their judicial review case.

Their case argued that the Department of Health and health trusts had a statutory duty to provide effective healthcare in a reasonable timeframe.

Eileen Wilson waited almost four years for a neurology appointment. May Kitchen paid for cataract surgery after waiting almost three years.

Lord Justice Colton said resolution could not be found in the courts.

In the first case of its kind in the United Kingdom, the women claimed breaches of a statutory duty and a violation of their human rights.

In his judgement Lord Justice Colton said it was not a case where the respondents were "refusing to provide healthcare".

"It is clear from the evidence that there has been a series of efforts to provide solutions to the issue of waiting lists in this jurisdiction," he added.

The judge said a "resolution" to the waiting lists issue "is a matter that needs to be addressed by political leadership and decision making".

"It will also require, undoubtedly, leadership within the relevant department and trusts."

"They are the people to make the necessary decisions, not the courts."

Lord Justice Colton added: "On what basis could the court distinguish these applicants from other members of the public who are currently on waiting lists for treatment by the health service?

"To do so in my view would not be in the public interest."

In dismissing the case the judge said: "The resources available to the respondents should be devoted to taking the necessary steps to deal with the problem of waiting lists, rather than defending expensive litigation in the public law so where in which the courts are unsuited to make the necessary decisions."

Eileen Wilson is one of two women who challenged the health service

Mrs Kitchen, a retired nurse who lives alone in north Belfast, was diagnosed with cataracts in 2015.

Amid fears that she would lose her sight, the pensioner was told that the waiting list for surgery was 42 months.

She eventually used medical insurance for private treatment, but insisted that she should not be out of pocket due to her entitlement to free healthcare.

Ms Wilson, a mother of six from east Belfast, sought an urgent consultation with a neurologist about her suspected multiple sclerosis since June 2017.

May Kitchen feared she would lose her sight

The women brought challenges against the Department of Health as well as the Belfast and South Eastern Health and Social Care Trusts.

The court heard that one in seven people in Northern Ireland have spent longer than 12 months on a hospital waiting list amid "catastrophic" delays in securing treatment.

It heard that prospective patients are nearly 50 times more likely to face a year-long wait for care than people living in Wales.

'Not a matter for courts'

Lord Justice Colton said a series of efforts have been made to provide solutions to an issue identified as a major priority by various health ministers for health as well as the Department of Health. 

"It clearly involves high-level political decisions in relation to resources and also in relation to structural reform of the health service," he said. 

"Manifestly, that is not a matter for the courts.

"Whether the problems that arise in relation to waiting lists in the health service are caused by resource issues or strategic issues, or a combination of both is not something which can be measured by a legal standard. 

"That is not a judgment which the courts can make."