HIV campaigners win court battle for treatment

A judge rejects an NHS England argument that it was not responsible for funding a “highly effective” anti-retroviral drug.

AN Aids charity has won a High Court battle to ensure a “game-changing” preventative HIV treatment can be funded by the NHS.

NHS England said it had received advice that it does not have the legal power to fund pre-exposure prophylaxis (PrEP) – a “highly effective” anti-retroviral drug used to stop HIV from becoming established in the event of transmission.

Instead, it said the drug – which costs £400 per month for each patient – was the responsibility of local councils, which are in charge of funding preventative health services.

But Mr Justice Green, sitting in London, ruled that NHS England “has erred in deciding that it has no power or duty to commission the preventative drugs in issue”.

The ruling is a victory for the National Aids Trust (NAT), which brought the case to court.

However, NHS England said it is appealing against the judgement.

When taken consistently, PrEP has been shown to reduce the risk of HIV infection in people who are at high risk by more than 90%.

In his judgement Mr Justice Green said: “One governmental body says it has no power to provide the service and the local authorities say that they have no money.

“The claimant is caught between the two and the potential victims of this disagreement are those who will contract HIV/Aids but who would not were the preventative policy to be fully implemented.”

NAT chief executive Deborah Gold said: “This is fantastic news. It is vindication for the many people who were let down when NHS England absolved itself of responsibility for PrEP.

“The judgement has confirmed our view – that it is perfectly lawful for NHS England to commission PrEP. Now NHS England must do just that.”

The ruling does not mean PrEP will automatically be funded on the NHS – as health chiefs may decide the drug is not effective enough to warrant using NHS money.

The National Institute for Health and Care Excellence – which advises the NHS on funding priorities – is due to look at the evidence on PrEP.

Health service bosses in Scotland, Wales and Northern Ireland have not yet made a decision on funding for PrEP. news.sky.com