The High Court ruled on Monday that the Home Office must rethink its policy of denying milk tokens to mothers who are seeking asylum in the United Kingdom. The ruling followed an appeal by a mother with HIV who was seeking asylum in the UK, and who was denied milk tokens that would have allowed her to buy formula milk. Mothers with HIV are advised to avoid breastfeeding wherever possible in order to reduce the risk of HIV transmission to their child.
The High Court ruled that the Home Secretary had ignored the risk that the mother, who was unable to afford to buy formula milk, could pass HIV to her baby through breastfeeding. The Court ordered the Home Secretary to reconsider his decision and refused to grant the Home Office leave to appeal.
Mothers receiving income support are entitled to milk tokens during pregnancy and for children under the age of five. Asylum seekers are not entitled to income support and cash assistance is significantly less than income support rates.
The Child Poverty Action Group (CPAG), which backed the mother’s appeal, has welcomed the Court’s decision. CPAG’s solicitor, Sarah Clark, who represented the mother, said:
"We are delighted by the High Court’s ruling. The Home Office’s refusal to provide milk tokens has exposed babies to the very real risk of HIV infection. The ruling means that other mothers in a similar predicament should get the same help."