Rogers, R (on the application of) v Swindon NHS Primary Care Trust & Anor

Rogers, R (on the application of) v Swindon NHS Primary Care Trust & Anor

The PCT's policy was irrational and unlawful because, having decided to disregard cost and to fund Herceptin only in exceptional circumstances, it could not identify any rational clinical or personal basis for distinguishing between eligible patients. The policy purported to allow exceptions but, in practice, none could be justified, rendering the policy arbitrary and a disguised blanket refusal.

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 From High Court (administrative Court) to Court of Appeal
Outcome
Appeal allowed; decision of the PCT quashed
Legal Topics
Judicial Review of Healthcare Funding Decisions, Rationality/irrationality of Public Body Policy, Access to Medical Treatment, Discrimination and Equality, Interpretation of Statutory Guidance
Administrative Law Health Law Human Rights Judicial Review of Healthcare Funding Decisions Rationality/irrationality of Public Body Policy Access to Medical Treatment Discrimination and Equality Interpretation of Statutory Guidance

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 From High Court (administrative Court) to Court of Appeal

Legal Issues

  1. 1 Whether the Swindon NHS Primary Care Trust's policy on funding Herceptin for early stage breast cancer was irrational and therefore unlawful
  2. 2 Whether the refusal to fund Herceptin breached the claimant's human rights under Article 2 and/or 14 of the European Convention on Human Rights
  3. 3 Whether the PCT's policy failed to give proper consideration to relevant facts

Ratio Decidendi

The PCT's policy was irrational and unlawful because, having decided to disregard cost and to fund Herceptin only in exceptional circumstances, it could not identify any rational clinical or personal basis for distinguishing between eligible patients. The policy purported to allow exceptions but, in practice, none could be justified, rendering the policy arbitrary and a disguised blanket refusal.

Court Disposition

Appeal allowed; decision of the PCT quashed

Orders

  • The decision of the Swindon NHS Primary Care Trust to refuse funding for Herceptin treatment for the appellant is quashed.
  • The PCT is to reconsider its policy and formulate a lawful policy upon which to base future decisions, including that of the appellant.