On 16 October 2025, NHS England adopted the IHRA definition of antisemitism — a non-legal, working definition — without proper consultation, transparency, or safeguards. Its adoption has already resulted in the restriction of lawful expression and has created widespread fear among healthcare professionals, patients, and academics who speak critically about Israel or in solidarity with Palestinians.

On 23 December, a Letter Before Claim was sent to NHS England by Right to Protest Limited, who have instructed Imran Khan & Partners to bring a judicial review challenging this decision. This legal action seeks to protect fundamental rights that are now under serious threat.

The IHRA definition is being applied in ways that blur the line between legitimate political speech and racism. Medical staff who raise ethical concerns about Israel’s actions are increasingly treated as potential offenders rather than professionals acting in good faith. Criticism of a state is being mischaracterised as hate, placing careers, reputations, and wellbeing at risk. The definition also creates a blasphemy law through the back door by restricting free speech on Judaism. 

Crucially, no risk assessment was carried out before the definition was adopted. As a result, there is no clarity about how far these restrictions will extend, how they will be enforced, or how patients may be affected if they are found to be in breach of a non-statutory definition. This creates profound uncertainty and fear across the NHS.

Patients are not abstract concepts. Palestinians — and those speaking about life under an illegal occupation — are being pushed to the margins. Their culture, identity, and lived experience risk being reduced to something controversial or dangerous, simply because people are afraid to speak openly. This silencing erases human experience and undermines compassionate care.

Worryingly, regulators and public bodies are increasingly relying on the IHRA definition to restrict lawful speech, despite repeated warnings that it is not a legal test and should not be used to police expression. This has led to censorship, disciplinary threats, and a growing culture of silence across public institutions.

This legal challenge is about defending freedom of expression, professional integrity, and the right to speak without fear. It is about ensuring the NHS remains a space guided by ethics, evidence, and humanity — not political pressure or intimidation.

Help Right to Protest take urgent legal action against NHS England. Your support of this CrowdJustice fund will help meet the legal costs of a judicial review and defend healthcare workers, patients and the principle that no community’s suffering should be erased or silenced.

Justice depends on the courage to speak. Help us defend that right.