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Fertility: Medical Treatments

It has not proved possible to respond to this question in the time available before Prorogation. Ministers will correspond directly with the Member.

The level of provision of local health services, including fertility treatment, available to patients is, and has been since the 1990s, a matter for local healthcare commissioners, who must consider the needs and priorities of all their population. Clinical commissioning groups (CCGs) have the current statutory responsibility to commission high-quality services that meet the needs of their local population. Decisions about treatment should always be based on patients’ clinical needs.

The Secretary of State has no power to direct individual CCGs in relation to their commissioning functions. The Department has no role in the oversight of individual CCG board activities. If there are concerns about provision of care, we expect NHS England to ensure the CCG is not breaching its statutory responsibility to provide services that meet the needs of the local population. Where performance concerns are identified, NHS England has the ability to exercise formal legal powers to either provide an enhanced support to a CCG, or in rare circumstances to intervene where it is believed that a CCG is failing, or is at risk of failing, to discharge its functions.

NHS England has advised that the CCGs in south east London have agreed to undertake a rapid review of the NHS South East London’s Treatment Access Policy Document in relation to access criteria for funding in vitro fertilisation (IVF) by the end of November 2019.

The CCGs have made a public apology for any offence caused by the wording in the Treatment Access Policy Document in relation to single women’s access to IVF treatment and the review document it refers to and agree that this wording is unacceptable. The statement on page 34 is based on evidence from a review of literature undertaken in 2011 by commissioners and public health doctors. The review references literature available at the time.

The rapid review will also specifically consider issues relating to equality and discrimination in relation to single women. The CCGs will publish the review alongside any changes to the revision of the policy.

NHS England and NHS Improvement are aware that the CCGs are undertaking a review of the policy, as the body responsible for that policy. All CCG governing bodies were asked to review and approve any changes to the NHS South East London Treatment Access Policy made for 2019/20.

In taking clinical decisions about fertility treatment and taking account of their public sector equality duty, CCGs should make assessments based on clinical infertility and not on relationship status.