High Court Injunction obtained for client in need of urgent open heart surgery
Urgent action has been taken on behalf of a client of this firm to secure a High Court Order, compelling the Home Office to lift a provision preventing her from accessing public funds to enable urgent medical treatment to be carried out.
Bhatia Best Solicitors were approached by an individual in Birmingham, having been made aware of this firm’s Public Law Department’s presence in the West Midlands by a local charity. The individual, who had been granted limited leave to remain in the UK, sought to challenge a condition imposed by the Home Office, preventing her from accessing public funds throughout the duration of her leave. Our client challenged this condition on the basis that she was faced with destitution, only receiving limited support from Children’s Services, and as a result of the nationality of her British National child.
Judicial Review (‘JR’) proceedings were filed on behalf of our client when the Home Office refused to lift the prohibition.
Matters became more pressing in the course of the JR claim when our client was diagnosed with needing urgent open heart surgery to treat Rheumatic Heart Disease.
The NHS refused to conduct the treatment as a result of the provision imposed by the Home Office and whilst an argument could have been made to challenge the NHS over this, an application for urgent relief from the court, seeking a temporary lift of the restriction by the Home Office, was quicker and easier to obtain for the benefit of our client.
An Order was made by the High Court on 23.1.14, compelling the Home Office to lift the provision pending the outcome of the JR claim, to enable our client to access urgent medical treatment.
Following the service of the Order the Home Office proposed the settlement of the JR claim, agreeing to permanently lift the restriction.
Bhatia Best Ltd has a team of specialist public law solicitors,able to advise and assist on cases throughout the UK. Action can be taken to commence proceedings on an urgent basis, to secure relief from the court, if the circumstances of the case require this.