Ask the Expert: Health care for migrant children

Are refugee and migrant children entitled to free health care?

All refugee and migrant children should be able to access a GP and primary healthcare, as no law or regulation exists that restricts a patient's right to access primary healthcare services because of their immigration status. Registration is at the GP's discretion but they must have reasonable grounds for refusal to do so; must not discriminate; and should refer the child to another GP.

Both separated children and those in families who have an asylum claim pending, and those who have been granted leave to remain, are entitled to free hospital healthcare. Those persons whose asylum claim has been refused are not eligible, but care which is considered urgent or immediately necessary must be provided, without delay, whether or not the individual is able to pay. Also, a written ministerial statement from the Department of Health in July 2009 stated that exemption from charges should be extended to "those whose claim has been refused but who are being supported by the UK Border Agency because they would otherwise be destitute, have children and/or because it is impossible to return home through no fault of their own".

Certain treatments are always free of charge, regardless of immigration status, including treatment in Accident and Emergency. For more information, see www.seekingsupport.co.uk/images/pdfs/Healthcare.pdf.

Do you have any questions? Email them to clc@essex.ac.uk or call the Child Law Advice Line on 08088 020 008, The National Education Line on 0845 345 4345, Or visit www.childrenslegalcentre.com