What is the legal status of NICE guidance?
The Nice Guidance - an Interim Guide states:
" Since January 2002, the NHS has been legally obliged to provide funding and resources in England and Wales for medicines and treatments recommended by NICE’s technology appraisal guidance.
This means that when NICE recommends a technology, the NHS must ensure it is available to those people it could help, normally within 3 months of the guidance being issued. So, if your doctors think a recommended technology is right for you, you should be able to have it on the NHS.
If your doctors think a technology that NICE has recommended is right for you but it is not available, your first point of contact for help and support should be your local NHS Patient Advice and Liaison Service (PALS) if you live in England, or your local Community Health Council (CHC) if you live in Wales.
You can find details of your local PALS at www.pals.nhs.uk or your local CHC at www.patienthelp.wales.nhs.uk. Alternatively you can phone NHS Direct on 0845 46 47 or contact your local hospital, clinic, GP surgery or health centre.
However, your doctors may advise you that a treatment that NICE has recommended for most patients is not right for you. For example, you may already be taking a medicine for another health condition that will interact badly with the one that NICE has recommended. If your doctors think a technology that NICE has recommended for most patients is not the right option for you, they should be able to explain why in a way that you can understand. "
For full details please visit the NICE website
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NCEPOD Report 17.11.08
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