The UK government is facing a legal challenge over its decision not to medically evacuate critically ill children from Gaza in the way they have done for young people caught up in other conflicts.
The legal action, being taken against the Foreign Office and Home Office on behalf of three critically ill children in Gaza, argues that UK ministers have failed to take into account the lack of treatment options for children in the territory before denying medical evacuations.
It also says the position not to medically evacuate children from Gaza stands in stark contrast to Britain’s historical record in such circumstances, which has evacuated children during the conflict in Bosnia and, most recently, Ukraine.
“The UK government has explained its failure to facilitate medical evacuations from Gaza on the basis that it supports treatment options in Gaza and the surrounding region and that there are visas available for privately funded medical treatment in the UK. However, these mechanisms are profoundly inadequate to meet the urgent needs of children in Gaza,” said Carolin Ott from the law firm Leigh Day, who is leading the action and is being supported by the charity Children Not Numbers.
The families of the three children, aged two and five, have said an urgent evacuation is needed for critical medication and treatment they are unable to access in Gaza. To date, the UK has yet to offer itself as a receiving state for medical evacuations from Gaza, and campaigners have been pushing for a separate immigration route.
The two-year-old, referred to as Child Y, has an arteriovenous malformation in his cheek which causes daily bleeding and has left him in critical condition.
The other children, two siblings referred to as Child S, have been diagnosed with cystinosis nephropathy, a chronic condition also known as leaky kidney. They have already developed kidney failure and may need transplants. One of the siblings is no longer able to move.
The action comes as Israel’s war on Gaza passed 650 days. Since 7 October, more than 17,000 of the 58,000 Palestinians killed by Israeli forces in the territory were children, according to the health ministry in Gaza.
According to the World Health Organization, it is estimated that as many as 12,500 patients in Gaza require medical evacuation. As of 10 April, 7,229 patients have been evacuated to Egypt, the United Arab Emirates, Qatar, the EU and the US. Of these patients, 4,984 have been children.
However, organisations such as Médecins Sans Frontières, which has evacuated 22 patients, have called on more nations to help, as the limited destinations remain a challenge, said Dr Hani Isleem, MSF project coordinator for medical evacuations from Gaza.
“Some countries are reluctant to take in patients, fearing they might be perceived as facilitating ‘forced migration’ or as taking on the burden of the patients’ extended stay,” he said.
A government spokesperson said that since the start of the conflict the UK has provided healthcare to more than 500,000 people in the Palestinian territories through supporting field hospitals and medical supplies. In May, the UK announced a £7.5m package of support for medical care in Gaza and the region.
“We have helped several children with complex paediatric conditions access privately funded medical care in the UK, supporting an initiative by Project Pure Hope, the spokesperson said.
In May, two children arrived in the UK for medical care with the assistance of Project Pure Hope. It was the first time the UK let in a child from Gaza for medical care, which was privately funded, and is the only existing route for those in need of critical care. According to legal documents, the charity had requested a Gaza-UK pathway at the government’s expense and was refused.
“We have been clear the situation in Gaza is intolerable and that there must be an immediate ceasefire. We urge Israel to let vital humanitarian aid in and allow Gazans to receive urgent healthcare, including allowing the sick and wounded to temporarily leave the Gaza Strip to receive treatment,” the government spokesperson said.
The prime minister has also been urged to engage by Scotland’s first minister, John Swinney, who wrote to Keir Starmer this month saying they “stand ready” to receive injured children from Gaza to be treated in the NHS.
“We can’t do so without the support of the Labour government to get the children through the UK visa system and into Scotland,” said Swinney, who has not yet received a response from Starmer.
The government has until 28 July to respond to the pre-action letter.
