In a judgment handed down this morning, Mr Justice Adrian Colton said the “crisis” in waiting times are “a matter that needs to be addressed by political leadership and decision-making … not the courts”.

The applicants, Eileen Wilson and May Kitchen, were both placed on a waiting list by their respective health and social care trusts following a referral by their general practitioners.

Ms Wilson was referred for a neurology appointment in June 2017 but, for various reasons including delays arising from pressures related to the Covid-19 pandemic, waited until May 2022 for an MRI scan and diagnosis.

Ms Kitchen was referred for a cataract operation in July 2019 but was told it would not take place for three to four years because of the waiting lists. Fearful of losing her sight she arranged for her surgery through private health insurance, which took place six weeks after her initial appointment.

The applicants unsuccessfully argued that there was a breach of statutory duty by the Department of Health and relevant trusts by reason of the delay in providing treatment and unjustifiable interference with their Article 8 ECHR rights.

Mr Justice Colton noted: “These applications bring into focus what is widely regarded as a crisis facing the health service in this jurisdiction, namely the length of time patients are waiting for treatment. It does not need recourse to law to establish that such a crisis exists.”