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Courts rule that NHS England does have a responsibility to provide PrEP

By Rhys Matthews

The daily tablet has the ability to reduce HIV transmission by up to 99%

Pre-Exposure Prophylaxis has been hailed as a game-changer in the fight against HIV, due to its ability to dramatically reduce the chances of contracting HIV.

However, despite the benefits, plans to distribute the medication to at-risk groups – including men who sleep with men, and trans women – were shelved earlier this year when both NHS England and Public Health England denied that it was their responsibility to provide preventative medicine.

The National AIDS Trust, as well as a number of politicians, challenged then the decision. And yesterday, it was announced that NHS England does bear responsibility for providing the one-a-day tablet.

Speaking about the landmark decision, Debra Gold, Chief Executive of the National AIDS Trust said, “This is fantastic news. It is vindication for the many people who were let down when NHS England absolved itself of responsibility for PrEP.

“The judgment has confirmed our view – that it is perfectly lawful for NHS England to commission PrEP.  Now NHS England must do just that”.

Ian Green, Chief Executive of the Terrance Higgins trust echoed Gold’s sentiments, adding that it “should have never come to” being decided by the courts.

“It is a vindication for the community after a long fight –  but it should never have come to this.  Because of the mess and delays created by NHS England, people at risk of HIV have spent the past 18 months fighting to be heard, meanwhile, 17 people have been diagnosed with HIV with every day that has passed.

“PrEP must be prioritised and made available now.

“We are grateful to NAT for taking this to court and stand the HIV community in celebrating that the battle has been won, but we cannot call this a true victory until the day that people at highest risk finally have access to this groundbreaking pill that will protect them from HIV.”

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Earlier this year, a Scottish survey revealed that almost half of men who sleep with men would consider using PrEP. The drugs is already used in the US, Canada, Australia and France to help at risk groups prevent HIV infection.