Published May 05, 2026
Published May 05, 2026
The Complaint
The complainants in this case were the parents of a 15-year-old boy who sustained traumatic brain injury following a road traffic accident. As part of his rehabilitation process this young boy needed treatment in a specialised rehabilitation centre abroad. This unfortunately did not materialise due to unforeseen circumstances.
The Investigation
After a meeting with the complainants, the Ministry for Health and Active Ageing was asked to provide details regarding this case. The Ministry informed this Office that this patient was referred to a private centre in the UK via the Treatment Abroad Unit for further evaluation and management of his complex condition.
However, it transpired that the Treatment Abroad Unit did not have a legal framework that supports funding for treatment in the private sector in the UK. Furthermore, while Cross-Border Healthcare legislation allows financial support for treatment at private centres, this legislation does not cover rehabilitation services and, following Brexit, is no longer applicable to the UK.
At that stage, it was pointed out that it was the responsibility of the healthcare providers together with the relative Ministry for Health and Active Ageing officials to identify another equivalent centre that met the necessary criteria for the patient to receive the rehabilitation treatment his medical team deemed fit.
The Ministry agreed with this Office that the patient’s need for rehabilitation was already established by his clinical team. The Ministry also agreed that such care should form part of the patient’s ongoing treatment.
The Treatment Abroad Unit and the consultant in charge sought to identify a rehabilitation centre that could assist in this case. They managed to find a rehabilitation centre in Germany that could offer the rehabilitation that this young boy needed. A plan of action was worked out in conjunction with the German centre.
Considerations
The patient travelled to Germany and underwent a rehabilitation programme there. During the rehabilitation programme, the patient showed marked improvement so much so that the specialists at the German rehabilitation centre suggested that the patient undergoes another four weeks of rehabilitation. This has also been approved and the patient will be travelling again to Germany during 2026.
Recommendations
The recommendation made by this Office was accepted and implemented in the best interest of the complainant.
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