LONDON: The UK government is facing a legal challenge over its decision not to medically evacuate critically ill Palestinian children from Gaza, amid mounting pressure from campaigners and humanitarian groups, it was reported on Saturday.
According to a report by The Guardian, the legal action, which has been brought by law firm Leigh Day on behalf of three young children, will argue that British ministers have failed to account for the dire lack of medical options in Gaza, where thousands remain in urgent need of life-saving treatment.
The UK government has already supported healthcare for over half a million people in the Palestinian territories, including through field hospitals and medical supplies, and has facilitated access to the UK for some children through privately funded initiatives.
However, the claimants argue that current arrangements fall short of addressing the humanitarian emergency.
“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, the Leigh Day lawyer leading the legal action.
The case has been filed against both the Foreign Office and the Home Office, and revolves around three children, one aged two, and two siblings aged five, who require urgent medical attention unavailable in Gaza.
The two-year-old, referred to as Child Y, suffers from an arteriovenous malformation in his cheek, which causes daily bleeding and has left him in critical condition.
The other two children, both known as Child S, have the chronic kidney condition cystinosis nephropathy that has already led to kidney failure. One of the siblings can no longer walk, according to The Guardian report.
Campaigners say the UK’s current approach contrasts strongly with its actions in other conflicts, notably its evacuation of children during the Bosnian war and, more recently, from Ukraine.
The government, however, points to its ongoing humanitarian contributions, including a £7.5 million ($10 million) medical support package announced in May, as well as its support for Project Pure Hope, a UK-based initiative that successfully arranged for two children from Gaza to receive treatment in Britain earlier this year.
“We have helped several children with complex paediatric conditions access privately funded medical care in the UK, supporting an initiative by Project Pure Hope,” a government spokesperson said.
Legal documents submitted as part of the action reportedly indicate that Project Pure Hope requested the establishment of a UK-funded evacuation route from Gaza for medical cases, but that request was declined.
A spokesperson for the government added: “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.”
According to health officials in Gaza, more than 17,000 of the 58,000 Palestinians killed since Oct. 7, 2023, have been children.
The World Health Organization estimates that up to 12,500 patients in Gaza require evacuation for treatment.
As of April 10, over 7,200 patients had been moved out of the territory to destinations including Egypt, the UAE, Qatar, the EU, and the US. Nearly 5,000 of those evacuated were children.
Dr. Hani Isleem, project coordinator for Medecins Sans Frontieres, which has helped evacuate 22 patients, said that international reluctance to do more remained a serious obstacle.
“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.
The UK government has until July 28 to respond to the legal pre-action letter, The Guardian’s report added.
