The patient sought judicial review of the decision not to fund laparoscopic gastric by-pass surgery. He said that the policy by which all such requests are to be considered and determined exclusively by reference to clinical factors, infringed his Article 8 rights.
Held: The claim failed.
Judges:
Waksman QC J
Citations:
[2011] EWHC 872 (Admin)
Links:
Statutes:
National Health Service Act 2006, European Convention on Human Rights8
Jurisdiction:
England and Wales
Cited by:
Appeal from – Condliff, Regina (on The Application of) v North Staffordshire Primary Care Trust CA 27-Jul-2011
the claimant, a morbidly obese man, made a funding request to the trust for gastric surgery. This was refused because he did not meet the trust’s policy of offering funding to people who had a body mass index which exceeded a certain level. The . .
Lists of cited by and citing cases may be incomplete.
Health
Updated: 14 August 2022; Ref: scu.432845