Internal Reference Number: FOI_9589
Date Request Received: 31/07/2026 00:00:00
Date Request Replied To: 09/09/2026 00:00:00
This response was sent via: By Email
Request Summary: Rationing Health Care v The Right to Life.
Request Category: Private Individuals
| Question Number 1: It is known that the Trust rations health care and insists on people being controlled by putting restrictions on their weight in order to undergo an operation. One example is of hernia operations where people are required to be below a specified BMI. In one case a person with an incisional hernia (caused by a surgeon at the RUH cutting through their abdominal wall during an operation) has been left in pain and suffering for two years with no end in sight. The hernia is now massive and due to being left without treatment, has increased in size to 11cm. In view of this there is a serious risk of obstruction and strangulation. In November 2025 they were told that the hernia was life threatening and an operation was required urgently. Subsequent to that one surgeon deliberately failed to operate, another failed to make contact even to provide an appointment, the third said that their BMI had to be reduced by 5 (amounting to a weight loss of 2 stone). This person is in constant pain and there is a serious risk to their life in view of the risks involved with the size of the hernia. Article (2) ECHR provides for the Right to Life and Article (3) cover Inhuman and Degrading treatment. It appears that both of these are being breached in this case. Please state: 1) What is the policy when health rationing is in place and someone is at risk of serious harm, or death, from a delay in treatment? | |
| Answer To Question 1: A search of the Trust鈥檚 policies has confirmed that the term 鈥榬ation鈥� or 鈥榬ationing鈥� is not included in any recorded policy. Therefore, this information is not held. As per our duty to provide advice and assistance, we would suggest re-wording the question with the absence of a personal example and to include a more general search criteria. | |
| Question Number 2: 2) Does the Trust consider the risk to life from a failure to provide treatment which is required urgently? Is there a policy document on this and, if so, please provide a copy? | |
| Answer To Question 2: This is not recorded information. Under our duty to advise and assist, it may be helpful to know that clinical staff have a legal duty of care under the Health and Social Care Act 2008 and are governed by codes of practice by their respective regulators, such as the GMC for doctors and the NMC for nurses, among others. No policy exists which states 鈥榯he failure to provide treatment鈥� or similar terms. If a treatment cannot be provided, this is usually a clinical decision and some SOPs exists which help to triage patients correctly e.g. the Trust holds an Emergency Referral Guidance document for paediatric care 鈥� this asks clinicians to determine if a patient is in a life threatening condition. If you would like a copy of this please ask. | |
| Question Number 3: 3) Is it the policy, and considered lawful, to allow someone to be in constant pain and suffering in the long term? It should be borne in mind that an animal left suffering deliberately would result in a prosecution for the owner. | |
| Answer To Question 3: This is not recorded information. Under our duty to advise and assist, a search was run on policies for keywords such as pain and the top results included Management of Head Injuries, Acute Pain Management of the Opioid-Tolerant Patient, Trauma Pain Management in the Drug Dependent Patient, Management of Severe Pain in Patients with Epidural Infusion and Paediatric Abdominal Pain Pathway. If you would like any of these policies please ask. | |
| Question Number 4: 4) Has the Trust been subject of legal action by anyone who has been told they have to lose weight before an operation will be undertaken? Please provide details of any legal action(s). | |
| Answer To Question 4: The information requested is not recorded information held by the Trust. The Trust has a duty to advise and assist you in order to support the FOI process. You may wish to consider contacting NHS Resolutions who may hold this information. | |
| Question Number 5: 5) Have any people died who have been refused surgery due to health rationing being a reason for not having surgery? Please state how many have died. | |
| Answer To Question 5: This is not recorded information. Please see answer to question 1. | |
| Question Number 6: 6) Has the Trust been sued for breaches of Articles (2) and (3) ECHR? | |
| Answer To Question 6: The information requested is not recorded information held by the Trust. The Trust has a duty to advise and assist you in order to support the FOI process. You may wish to consider contacting NHS Resolutions who may hold this information. | |
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