Should this network not get together a petition to support the RCGP
stance? I see there is already a petition on the 10 Downing Street
website requesting:
"Do not let failed asylum seekers gain access to free NHS treatment
while waiting to be deported."
Jim
Jim Robinson
Equality and Health Improvement Facilitator
Lothian University Hospitals
Office Address:
The Bungalow
Community Child Health
10 Chalmers Crescent
Edinburgh
EH9 1TS
Tel +44 (0) 131 536 0055
________________________________
From: Health of minority ethnic communities in the UK
[mailto:[log in to unmask]] On Behalf Of Amjad Taha
Sent: 25 February 2009 09:58
To: [log in to unmask]
Subject: Failed Asylum Seekers / Vulnerable Migrants and Access to
Primary Care
Position Statement from The Royal College of General Practitioners
http://www.rcgp.org.uk/news_and_events/college_viewpoint/position_statem
ents/failed_asylum_seekers.aspx
<http://www.rcgp.org.uk/news_and_events/college_viewpoint/position_state
ments/failed_asylum_seekers.aspx>
Failed Asylum Seekers / Vulnerable Migrants and Access to Primary Care
Background
Regulations from the Department of Health (England) which came into
force on 1 April 2004 identified groups who were not considered
"lawfully resident" in the UK and made them liable for National Health
Service hospital charges. Subsequently, a consultation in May 2004
proposed to extend the charging regime to Primary Care, including access
to GP services. The aim of the draft legislation was to restrict access
to NHS care for overseas visitors with the declared intention of
reducing abuse of the NHS by what are termed "health tourists".
Although, to date, there has been no published government response to
the 2004 consultation, a recent cross-Government enforcement strategy
has been published "Enforcing the Rules". This suggests that primary
care be brought into line with the regulations that exist for secondary
care. The Home Office document describes the purpose of the strategy as
"To ensure that living illegally becomes ever more uncomfortable and
constrained until they leave or are removed."
RCGP Position
Based on the principle that General Practitioners have a duty of care to
all people seeking healthcare, the RCGP believes that GPs should not be
expected to police access to healthcare and turn people away when they
are at their most vulnerable. According to the Table of Entitlements to
NHS Treatments (correct as of November 2008) GP practices have the
discretion to accept Failed Asylum Seekers as registered NHS patients.
It should, however, be noted that the appeal against the April 2008
review is due to be published imminently and the current situation could
change as a result. In addition to failed asylum seekers, we would urge
the government to consider the health needs of other vulnerable migrant
groups, who we feel should also be entitled to free primary care.
The College urges the Government:
- to commission independent and wide ranging social, race, health and
impact assessments of the proposed changes before the current situation
is changed. The assessments should include, but not exclusively cover,
issues such as vaccination coverage, outbreaks of communicable diseases,
antenatal, perinatal, infant and child health including mortality;
maternal health and mortality; and the health and social wellbeing of
women and men who are abused or exploited at home or elsewhere, sexually
or in other ways. These assessments should also include effects on
inequalities in health.
- to examine the compatibility of the proposals with the international
human rights obligations of the UK, including those, but not
exclusively, covering children;
- to re-examine the proposals in the light of the evidence generated by
the above assessments;
- to commission independent, continuous, monitoring of access to health
care and of the health needs of refugees and undocumented migrants;
- to explore and implement modes of mitigating or reversing adverse
effects of excluding migrants from free access, such as non-compliance
with necessary prevention and treatment for fear of being presented with
bills that cannot be paid. Mitigating measures may include annulment or
non-enforcement of payment requests and compensation for Hospitals,
General Practices and other NHS organizations from central funds;
- To issue guidance to overseas visitor managers and similar officers in
NHS organisations and general practices that they shall deal with
vulnerable migrants in a sensitive way that will not undermine migrants'
health;
- To monitor the approach of vulnerable migrants by health care
professionals, other staff and overseas visitor managers and similar
officers in NHS organisations and general practices;
- To particularly commit itself to the protection of children and
pregnant women.
The RCGP bases its position on the following:
* There is no evidence that asylum seekers enter the
country because they wish to benefit from free health care.
* Asylum seekers are exercising a legal right to seek
refuge from persecution.
* The Government's policy has had the effect of leaving
some vulnerable people in the UK without any access to health care.
* There is an adverse effect on infant mortality and
children's health in particular.
* Denying free access to primary care could increase the
likelihood of serious communicable diseases not being detected.
* There could be deleterious effects on the health care
and support for exploited women
* Health inequalities policies could be undermined.
* Additional stress would fall on A&E services if access
to primary care is restricted
* Such a change in policy infringes the basic human rights
obligations of the UK
Pending further legal clarification, the RCGP reminds all general
practitioners that failed asylum seekers are entitled to unrestricted
access to primary care services.
-------------------
Amjad Taha
BME Health Forum Manager
c/o Westminster PCT
15 Marylebone Road, London NW1 5JD
Tel: 020 7150 8128, fax: 020 7150 8105
E-mail: [log in to unmask]
<mailto:[log in to unmask]>
Website: www.westminster-pct.nhs.uk/diversity/bmehealthforum.htm
<file://www.westminster-pct.nhs.uk/diversity/bmehealthforum.htm>
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