Nicholas Nicol. Legal Aid barrister and mediator. Defending people from homelessness and discrimination. 1 Pump Court.
Nicholas Nicol. Legal Aid barrister and mediator. Defending people from homelessness and discrimination. 1 Pump Court.

Now Medical

Dr Keen is a GP and the principal of a company called NowMedical which is well-known to people working in the field of law relating to homeless people. He and his company provide reports to local authorities on medical matters relating to the provision of housing to homeless applicants and others seeking housing assistance. In particular, those reports are frequently relied on by local authorities in decisions refusing assistance. This page aims to be a resource to disseminate information about Dr Keen and NowMedical so that those representing the homeless and housing applicants have a better understanding of their role and input. There is also a Wikipedia page, although it needs improvement.

 

A flurry of articles at the end of 2019 about NowMedical (see In the Press and Ending use of NowMedical below), including my casenote, Dr "unlikely to be fatal" Keen, resulted in a flurry of letters from Schillings solicitors to the various authors and contributors, including myself, claiming defamation. I would have been happy to discuss any issues with Dr Keen himself (I am still willing to do so). It is somewhat sad that he thought it appropriate to use threats of litigation as a first resort. In any event, Schillings asked that I put a statement on behalf of NowMedical on my website and I am happy to do so - click here and enjoy!

 

NowMedical's Template

NowMedical produce their Advices on a standard template. I have analysed that template in this article, Standard NowMedical Arguments. I have now produced a video version.

Test for Vulnerability

The courts have laid down a test as to whether a homeless applicant should be regarded as vulnerable. Dr Keen and NowMedical have been applying a different test they call the “reasonable function” test. Its source is unknown. The Supreme Court in Hotak v LB Southwark [2015] UKSC 30 revised the test for vulnerability. I said it would be interesting to see if NowMedical revise theirs. They have not. And a further attempt to introduce "functionality" as part of the test failed in Guiste v LB Lambeth [2019] EWCA Civ 1758. See my article.

In the Press

I contributed to Maeve McClenaghan's article in Dec 2019 for the Bureau of Investigative Journalism and to May Bullman's parallel articles in the Independent. James Moore also did a follow-up comment piece.

 

Highlights of Dr Keen's work for the Home Office are set out in Clare Sambrook's articles for OpenDemocracy, "Fit to fly?" and "Controversial doctor and Barnardo’s serve UK’s flawed child detention policy".

 

Private Eye published a piece in the 9-22 Dec 2011 issue on Dr Keen following his appointment to sit on a UK Border Agency advisory panel.

 

There was an article in the Guardian on Dr Keen and NowMedical on 29th August 2007. The Guardian also received some letters responding to the article.

 

Also see the Nov/Dec 2007 issue of Roof at pp35-37. (The author refused me permission to link to the article due to Dr Keen’s threats of libel action.)

Ending use of NowMedical

Islington Council decided, on recommendation, to end their contract with NowMedical and bring medical assessments in-house from April 2020, as reported in the Islington Tribune, the Independent and the Camden New Journal and by the Bureau of Investigative Journalism. As of February 2022, they have employed an Occupational Therapist who actually sees or visits an applicant when necessary. If the results continue to be positive, they will look to expand the service.

 

According to a report in Southwark News, Southwark Council were also looking for an alternative. This was confirmed in their response to an FoI request.

Questions in Parliament

When he was an MP, Dr Ian Gibson asked questions in Parliament in 2006 about the use of NowMedical, as reported in Hansard.

 

Research

Important and useful research was carried out in 2013 into the use of medical evidence in homelessness cases, including the role of outside medical advisers.

Andrew's Story

NowMedical got a mention in Andrew’s Story, a book by Brenda Prentice about her adopted son’s 20-year fight with pancreatitis.

Immigrant Children

Dr Keen is not only active in housing. He has also been appointed to an “independent” Panel guarding the welfare of children detained by the UK Border Agency. Clare Sambrook, a journalist, has been following his role.

FoI

The London Borough of Tower Hamlets and, more recently, the London Borough of Southwark released some interesting information about their use of NowMedical in response to a FoI request.

Reported Cases

Reports by Dr Keen and NowMedical have featured in a number of legal cases which have been reported:

 

 

 

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The information and any commentary on the law contained on this web-site is provided free of charge for information only. Every reasonable effort is made to make the information and commentary accurate and up-to-date but it is not intended to amount to legal advice to any person on a specific case or matter. You are strongly advised to obtain specific, personal advice from a lawyer about your case or matter and not to rely solely on the information or comments on this site.

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