An asylum seeker who cannot breastfeed because she is HIV positive has won a significant victory in her fight for the legal right to free milk for her child.

The Home Office had refused to provide milk tokens for the women who has a four-month-old baby girl.

It is a tragedy that such an important public health issue has had to be dragged all the way to the courts

Martin Barnes

But the High Court ruled the Home Secretary had ignored the risk that the mother, who was unable to afford to buy formula milk, could pass the HIV virus on 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.

But asylum seekers are not entitled to income support and cash assistance is significantly less than income support rates.

The woman, who has not been named, claimed asylum in July 1999.

Her claim for milk tokens was turned down in March 2001. Her appeal had not yet been heard.

The Child Poverty Action Group (CPAG), which backed the mother's appeal, welcomed the decision.

CPAG's solicitor, Sarah Clark, who represented the mother, said: "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."

Callous position

Martin Barnes, CPAG director Martin Barnes, described the Home Office stance as "insensitive and callous".

He said it was totally inconsistent with the Department of Health's advice on reducing HIV infection from mother to baby.

"It is a tragedy that such an important public health issue has had to be dragged all the way to the courts.

"The health and lives of babies have been put at risk because of the asylum status of their mother.

"The Home Office appears to have put politics before humanity. The cost of providing milk tokens would be minimal against the cost of future medical care for a baby infected with HIV."

Formula milk currently costs between £6 and £7 a week for babies.

The Home Office has pledged to provide the woman with an additional £7 a week support pending the outcome of her challenge.

Labour MP Neil Gerrard has launched a campaign to provide asylum seeker mothers with milk tokens.

A total of 124 MP's from all parties have signed an Early Day Motion in support of the campaign, which also has the backing of the British Medical Association (BMA), Terrence Higgins Trust and the Refugee Council.