The family of a seven-year-old boy whose condition could cause brain damage have won a court challenge over an NHS decision not to fund a life-changing drug.

The child, “S”, has a rare condition that means too much protein could cause permanent brain injury.

He also has autism, which affects his ability to comply with dietary restrictions.

A judge quashed the funding decision and remitted it for reconsideration.

The parents of the boy, who has phenylketonuria or PKU, want a drug called Kuvan, which would help him metabolise protein.

But Mrs Justice Andrews said: “Whilst this judgment is bound to give rise to a degree of optimism, I must caution against raising hopes too high.

“The fact that this claim for judicial review has succeeded does not mean that there will necessarily be a favourable outcome to this IFR (individual funding request) application.”

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