North West Lancashire Health Authority, ex p A, D and G [2000] 1 WLR 977 (CA)

Resources – policy

A health authority is entitled to decide how to allocate resources but public law requires that it accurately assesses the nature and seriousness of the relevant illness, determines the effectiveness of treatment and gives proper effect to that assessment and that determination in the formulation and individual application of its policy. Decisions to withhold significant medical treatment relating to substantial illnesses will be scrutinised with particular care by the courts. In this case the health authority’s policy not to fund sex-change operations for transsexuals was held to be unlawful and irrational as it failed to consider what was proper treatment of a recognised illness.

Leave a Reply

Your email address will not be published.