Rogers, R (on the application of) v Swindon NHS Primary Care Trust & Anor [2006] EWCA Civ 392 (12 April 2006)

Rogers, R (on the application of) v Swindon NHS Primary Care Trust & Anor [2006] EWCA Civ 392 (12 April 2006)

The PCT's policy of funding Herceptin only in undefined exceptional circumstances, while disregarding cost and unable to identify any clinical or personal circumstances that could rationally distinguish between eligible patients, was irrational and therefore unlawful. The decision in Ms Rogers' case, applying this policy, was also unlawful.

Citation
[2006] EWCA Civ 392
Parties
Appellant/claimant: Ann Marie Rogers; Respondent/defendant: Swindon NHS Primary Care Trust; Interested Party: Secretary of State for Health
Jurisdiction
England and Wales
Judgment Date
12 April 2006
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division) Appeal From High Court Administrative Court
Outcome
Appeal allowed; decision and policy quashed
Legal Topics
Judicial Review, NHS Funding Decisions, Rationality/irrationality of Public Body Policy, Access to Healthcare, Article 2 and 14 ECHR
Administrative Law Health Law Human Rights Judicial Review NHS Funding Decisions Rationality/irrationality of Public Body Policy Access to Healthcare Article 2 and 14 ECHR

Case Brief

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Parties

Ann Marie Rogers

Appellant/claimant

Swindon NHS Primary Care Trust

Respondent/defendant

Secretary of State for Health

Interested Party

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division) Appeal From High Court Administrative Court

Legal Issues

  1. 1 Whether the PCT's refusal to fund Herceptin for the claimant was irrational or unlawful
  2. 2 Whether the PCT's policy on funding Herceptin was arbitrary or irrational
  3. 3 Whether the decision breached the claimant's human rights under Article 2 and/or 14 ECHR

Ratio Decidendi

The PCT's policy of funding Herceptin only in undefined exceptional circumstances, while disregarding cost and unable to identify any clinical or personal circumstances that could rationally distinguish between eligible patients, was irrational and therefore unlawful. The decision in Ms Rogers' case, applying this policy, was also unlawful.

Court Disposition

Appeal allowed; decision and policy quashed

Orders

  • The PCT's decision refusing funding for Herceptin is quashed.
  • The PCT's policy regarding Herceptin funding is quashed.