Hospital waiting lists court case: Commissioner for Older People Eddie Lynch can back pensioner’s claims

Eddie Lynch will be allowed to make written submissions in support of the challenge mounted by Belfast pensioner May Kitchen.

Mrs Kitchen, a 77-year-old retired nurse, paid privately for cataract surgery amid fears she would lose her sight waiting for treatment on the NHS.

She has issued judicial review proceedings against the Department of Health, the Belfast Trust, and the Health and Social Care Board, claiming the extent of delay is unlawful.

Her case is listed for hearing later this month, alongside a similar challenge by Eileen Wilson, 47, who has sought a consultation about her suspected multiple sclerosis since 2017.

Lawyers for both women allege failures to meet the minimum legal standards in the running of a health service.

Breaches of their human rights are also being claimed.

Despite objections to Mr Lynch’s application, a High Court judge granted leave to intervene by lodging written submissions.

Mrs Kitchen’s solicitor welcomed the decision to allow him to become involved in her case.

Ciaran O’Hare said: “She is of the view that input from the commissioner for older people will only be of benefit to these proceedings”.

The pensioner, who lives alone, was diagnosed with cataracts six years ago.

She underwent private treatment after being told the waiting list for surgery was 42 months, according to her lawyers.

Mr O’Hare added: “Vulnerable and older people are probably the group worst affected by our hospital waiting list crisis.

“My client instructs that she simply feels as if she is a number and not a person.

“Mrs Kitchen worked as a nurse for some 40 years and says that she has never seen our health system in such a dire state.”

Mr Lynch said he sought intervenor status in the case after receiving an increasing number of complaints from older people over the past five years about lengthy hospital waiting times.

“This issue is going to become more problematic due to the ageing population and as individuals become older, their health needs become more complex,” he explained.

“These are people who, very often, have worked and contributed to society their whole lives and whose quality of life in latter years becomes intolerable due to the impact of the wait for medical care.”

The commissioner added: “Whilst I understand the complex mix of reasons contributing to the pressure the health and social care system is under, older people are disproportionately affected and the impact of waiting prolonged periods of time for appointments which could ultimately improve their quality of life, can be hugely detrimental.

“It is simply not acceptable that any older person should be waiting this length of time for surgery to improve their quality of life.

“Unfortunately, the issue of hospital waiting lists has been resistant to change at a political and policy level, despite several reviews of the health and social care system in Northern Ireland over many years, and if the trajectory of the lists continue, it will affect many more older people for years to come.”