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NHS England is appealing the ruling that said they unlawfully cut PrEP, the drug which prevents HIV aquisition, from their commissioning process. Following NAT’s (National AIDS Trust) case for judicial review of NHS England’s position on PrEP, Justice Green passed down the judgment on 2 August 2016. The appeal will be heard at the Royal Courts of Justice on Thursday 15 September at 10.30am.
NHS England is appealing the ruling that said they unlawfully cut PrEP, the drug which prevents HIV aquisition, from their commissioning process. Following NAT’s (National AIDS Trust) case for judicial review of NHS England’s position on PrEP, Justice Green passed down the judgment on 2 August 2016. The appeal will be heard at the Royal Courts of Justice on Thursday 15 September at 10.30am.
NAT is defending their position, supported by the initial Court decision, that there is no legal impediment to NHS England funding the drug. NHS England states that it cannot legally fund it as it is a prevention intervention.
Deborah Gold, Chief Executive at NAT, said: “It’s enormously disappointing that the NHS England has insisted on re-litigating the initial judicial review decision. The wide ranging arguments it makes will have a chilling effect on both HIV prevention and public health more widely in England.”
If NHS England loses this appeal the original decision will stand and PrEP will continue through the commissioning process. This means it will go to committee in October in order for a decision to be made about the future commissioning of the drug.