The Court of Appeal has overturned a High Court finding that the South Eastern Health and Social Care Trust breached the human rights of two prisoners over delays in drug addiction therapy.

In September 2024, the High Court ruled that Paul Pollins and Robert Clarke suffered breaches of their European Convention rights due to prolonged waits for Opiate Substitution Therapy assessments at HMP Magilligan. Pollins was awarded £5,000 in damages and Clarke received £2,000.

The Trust and the Department of Health appealed, and Lady Chief Justice Dame Siobhan Keegan, sitting with Lord Justice Colton and Mr Justice McLaughlin, allowed the challenges. She held that the Trust acted lawfully and with a legitimate aim in managing a safe healthcare system within the prison.

The court heard that demand for OST has risen while staffing remains insufficient. Priority is given to prisoners already receiving the therapy when they enter custody, leaving others on a waiting list of more than 100 and facing delays of up to two years.

The judges found the Trust’s prioritisation scheme was based on clinical judgment and national guidelines, and was rationally connected to a legitimate objective. The interference with the prisoners’ rights was judged to be objectively justified and proportionate, and did not amount to discrimination or treatment incompatible with human dignity.

Dame Siobhan acknowledged the pressing need to reduce assessment delays but said the deficit is best addressed by policymakers in the political sphere, rather than the courts.