HEAL UoS

This time last month: Tom Condliff & his gastric band request

In 2011, NHS, Testing project on September 12, 2011 at 8:57 am

On 15 August 2011, the BBC reported that Tom Condliff’s renewed request for a ‘gastric band’ had been granted by North Staffs PCT. Mr Condliff had previously requested this surgery, but the PCT in question had turned down his request as his BMI (body mass index) fell below the required threshold set out in the relevant policy – his was reported to be 43, whereas the policy in question required a minimum BMI of 50 before this operation would be routinely provided (among other conditions, including the clinicians indicating it was necessary, and the consent of the patient in question).

Part of the PCT’s policy excluded consideration of social factors, meaning that non-medical/non-clinical matters could not be used in consideration of the ‘exceptionality’ of a given case. The PCT refused his ‘individual funding request’ (IFR), which Mr Condliff had made based on the ‘exceptional’ circumstances of his case; and thereafter he sought judicial review of the PCT’s decision.

His application – based on arguments around the applicability of Article 8 of the Human Rights Act 1998 (right to respect for private and family life), together with section 6 of the same Act (whereby it is unlawful for a public authority to act in a way which is incompatible with a Convention right) – failed in both the High Court on April 7, 2011, and in the Court of Appeal on July 27, 2011. 

He submitted a new IFR in August 2011, and it was reported (by the BBC, above) that he was informed soon after that the request and additional medical evidence brought him within the exceptional category as per the PCT’s policy.

Other links:

Guardian: http://www.guardian.co.uk/society/2011/jul/31/tom-condliff-gastric-band-appeal?INTCMP=SRCH

Telegraph: http://www.telegraph.co.uk/health/healthnews/8703065/NHS-funds-weight-surgery-for-obese-man-despite-court-loss.html

Mills and Reeve (the N Staffs PCT’s solicitors) briefing on CA decision (27/07/11): http://www.mills-reeve.com/files/Publication/34b1ea56-ce83-4b47-a714-b7e2255cecd9/Preview/PublicationAttachment/a56af14a-d151-488f-96d9-bb64ab85d749/R_(Condliff)vNorth_Staffordshire_PCT_26_July%20_2011.pdf

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