NHS (Rationing of Care)

Jamie Reed Excerpts

Monday 16th July 2012 Commons Chamber

[Mrs Mary Glindon (North Tyneside) (Lab)]

This issue has already been raised today in the debate on a motion in the main business of the House, but I believe that the growing concern about rationing in the NHS justifies further debate tonight. For almost as long as the NHS has existed, rationing has been a matter of concern. Resources are finite, but in the past two years rationing has reached an unprecedented level; more than 125 previously free treatments have now been restricted or even stopped altogether, and they cover the full health care spectrum, from the cosmetic to the essential and all stages in between.

These findings were revealed in a survey, carried out by Labour’s shadow health team, of all NHS primary care trusts and shadow clinical commissioning groups in England. It is important to state the relevance of Labour’s new NHS check, which I will refer to in my speech, because as well as conducting surveys it gathers together the views of those working in the health service and takes into account the views of those receiving the service and their families. The submissions are considered alongside evidence from freedom of information requests to produce an accurate and relevant monthly report, such as the one on rationing.

Labour’s findings are backed by members of the British Medical Association who warn that creeping NHS rationing is making patients suffer unnecessarily, with people who need hip and knee replacements having to wait longer for operations while suffering in pain. GPs believe that the rationing is the result of the drive to make savings in the NHS of up to £20 billion by 2015. That is further borne out by the results of a poll conducted by the BBC in March, which found that more than four out of five GPs expect the rationing of NHS care to increase in response to financial pressure.

The concerns of the medical profession are echoed by other professions in the health service. Ahead of this debate I was contacted by the Chartered Society of Physiotherapy, which is very concerned about the rationing of NHS physiotherapy services and has a number of examples of patient care and outcomes suffering as a result. The CSP opposed the Health and Social Care Bill and the Government’s reforms to the NHS because of concerns about the negative impact on patient care resulting from rationing and the fragmentation of services. It is particularly concerned about the “any qualified provider” model and has found that patient choice is being adversely affected by the clear rationing of treatment and access in some of the “any qualified provider” service specifications, which it has systematically reviewed. For example, in Nottinghamshire the amount of treatment prescribed is limited without regard to patient need. In other areas, no re-referrals are allowed within a six or 12-month period, also regardless of patient need. This rationing is likely to lead to increased orthopaedic referrals and unnecessary surgical interventions.

The CSP has further concerns about the impact of the “any qualified provider” model, including a reduction in patient choice and the quality of care, the loss of clinically and cost-effective innovations such as self-referral to physiotherapy, the negative impact on the physiotherapy profession and the risk of conflicts of interest among private providers. Those are all legitimate concerns from a respected professional body, so I hope that the Minister will address them specifically with the society.

The Minister has denied the relevance of the shadow health team’s extensive survey, the NHS check, but perhaps he should reconsider his opinion of it, because the survey’s findings mirror those of GP magazine, which gathered evidence under the Freedom of Information Act, showing that 90% of primary care trusts were imposing restrictions. The magazine received responses from two thirds of England’s 151 trusts on the procedures that they considered to be non-urgent. The most common restriction was on tonsillectomies, but there was rationing in other areas, too.

[Mr Jamie Reed (Copeland) (Lab)]

Will my hon. Friend give way?

[Mrs Glindon]

I will.

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. You can make an intervention, Mr Reed, but not from the Opposition Front Bench. If you step up to another Bench, you may intervene from there.

[Mr Reed]

Thank you, Mr Deputy Speaker. I trust that this is in order.

Will my hon. Friend join me in asking the Minister, who has indicated that he will not take interventions from me this evening, whether he will undertake a nationwide investigation into the clear rationing that is occurring in the NHS, and whether the Government will publish a list of procedures in which the eligibility criteria for treatment are now being changed? Will she join me also in asking the Government to act where various NHS organisations are breaching NICE guidelines on treatments offered to patients?

[Mrs Glindon]

I certainly will, and my hon. Friend may find that at the end of my speech I reiterate some of what he has said.

There is rationing in other areas, too, with 66% of trusts limiting cataract surgery and more than half rationing weight-loss surgery and hip and knee operations. Dr Richard Vautrey of the British Medical Association describes the situation as a “cost-saving exercise”, saying quite rightly:

“Patients fully understand the NHS doesn’t have unlimited resources...but they don’t understand, or believe it’s fair, when services are provided in one area but not another.”

The Labour party’s survey provides evidence of random rationing throughout the NHS, and of an accelerating postcode lottery. A number of rationed or decommissioned treatments are common across several PCTs and clinical commissioning groups, while some are specific to individual PCTs and CCGs. That demonstrates the wide variation throughout the country.

The survey found that rationing of treatment varies from capping, as in NHS South West Essex and NHS South East Essex, where a cap has been placed on the community diabetes service, to restricting treatment based on age or clinical need, as in NHS Warwickshire, where new criteria require that a patient must complain of intense or severe symptomatology and have a BMI of less than 40 to be listed for a knee replacement.

Evidence also showed, alarmingly, that PCTs and CCGs are diverging from the NICE guidelines, as in NHS Bassetlaw, where needle fasciotomy for Dupuytren's contracture is considered only if the patient is aged over 45 and has a loss of extension in one or more joints exceeding 25°, or if the patient is under 45 years old and has a greater than 10° loss of extension in two or more joints. However, the NICE guidelines do not refer to degree of loss of extension or any specific age criteria, other than to say that the procedure would be more appropriate in older people.

Equally alarming are the findings that show that patients now have to pay for treatments that had been free. In a surgery in Yorkshire, patients needing treatments for cysts, skin lesions and in-growing toenails were told that they were no longer available on the NHS. But the practice had established a private company to offer those minor operations at a cost: £56.30 for the removal of a small cyst; £126 for larger cysts; £146.95 for the removal of an in-growing toenail; and £243 for the removal of a non-cancerous mole. In response to the GP magazine report, the Minister said:

“It is quite unacceptable if this is going on in all those cases. As you’ll appreciate, it is a complex issue. But the defining point is that people should be treated on clinical need, and not financial considerations.”

The findings of the BMA, the concerns of other health professionals, such as the Chartered Society of Physiotherapy, and the results of Labour’s in-depth survey all point to the fact that, because of increasing rationing, people are being treated on the basis not of clinical need, but of financial considerations.

Will the Minister respond positively to Labour’s call for an immediate review of rationing in the NHS and act immediately on the new evidence showing treatment restrictions on cost alone? How will he ensure that national guidelines can be implemented? Will he take action, pending the outcome of the review, to reverse immediately rationing decisions that leave patients in severe pain, restrict mobility, limit their ability to live independently or have a major psychological impact? Will the Government initiate a public debate on whether all other treatments should be provided by the NHS, rather than allowing them to be restricted in a random fashion?

[Mr Reed]

I am grateful to my hon. Friend for letting me intervene once more. Will she also join me in asking the Minister to publish whatever assessment must have been made into the claims forthcoming from the freedom of information requests shown to the Department of Health? Will she join me in asking the Government to publish that assessment of those claims?

[Mrs Glindon]

I certainly join my hon. Friend in asking the Government to publish the assessment.

In denying the findings of Labour’s survey of rationing and the supporting evidence from the BMA and other professional bodies working in the NHS, the Government are denying the people of this country the full NHS service that they deserve and have contributed towards.

--- Later in debate ---

[The Minister of State, Department of Health (Mr Simon Burns)]

I congratulate the hon. Member for North Tyneside (Mrs Glindon) on securing this debate and the shadow Minister, the hon. Member for Copeland (Mr Reed), for more or less keeping a straight face during the course of it.

[Mr Reed]

For the Minister’s delectation, I should say that it is exceptionally hard to keep a straight face when he is in the Chamber.

[Mr Burns]

I am extremely grateful. I take that as a compliment, because I would hate to reduce the hon. Gentleman to tears.

As the hon. Lady and other hon. Members well know, cost-based rationing of the sort that she has described is not permitted and not condoned.

--- Later in debate ---

[Mr Burns]

Of course the Government take these allegations very seriously, which is why my officials rang NHS Hull to ask about wrist ganglia and were amazed to be told that there were no restrictions as described in the Labour party’s political leaflet. [Interruption.] If the hon. Member for Oldham East and Saddleworth (Debbie Abrahams) will just hush for a minute, I will answer the question. I am always very pleasant to her, as she knows from experience.

I have personally made checks on two allegations about rationing, one in south-east Essex, south of my constituency, and one that I believe from memory was in Bedfordshire. My officials investigated both claims, which arose out of a meeting that I had with a clinician, and both claims were untrue. There had been a mistaken understanding of what was going on, and there was no rationing based on cost. The conditions in each trust were quite specific, and cases were determined on clinical grounds.

I also looked into one example after reading a story in my local newspaper about what was allegedly going on in the mid-Essex primary care trust, which is now part of the north Essex cluster. It was to do with the treatment of people suffering from overweight. Again, the story was inaccurate. There was no truth in the allegation that the trust was refusing to treat smokers or people who were overweight. They were treated, providing that it was clinically safe to do so. The three specific allegations that I have investigated, both myself and through my officials, have proved to be untrue.

As I said earlier, we have had officials look at the Labour party’s political document because, on the face of it, it raised serious allegations that merited investigation. I am afraid that the examples that I have given have not met the reality of the headline claims.

[Mr Reed]

I appreciate the confidence that the Minister is showing in refuting the evidence put to him based on freedom of information requests to the PCTs in question. He mentioned three cases out of 125. When will he assess the remaining 122, and will he publish that assessment?

[Mr Burns]

This debate is half an hour long, and I have been fortunate enough to have 15 minutes. We have investigated all the claims, but it would not be in the interests of the hon. Member for North Tyneside, or possible in the time allowed, for me to go through all of them. I have been assured that the evidence that Labour claimed to have in its party political document does not live up to the hyperbole of the hon. Member for Copeland or the shadow Secretary of State.

Appropriate, clinically based decisions about the setting of priorities will continue to be taken by commissioners in the NHS. However, by shifting decision making to local clinicians, we will ensure that those decisions are fair, transparent and based on the best clinical evidence. Treatment should never be restricted without clinical justification, and I say again that we will take action should any genuine evidence emerge that that is occurring. We regard it as unacceptable as Opposition Members do; the trouble is, the evidence that they have come up with so far does not live up to the claims that they make about it.

Question put and agreed to.