Equality considerations

Equality considerations

NICE is committed to promoting equality, eliminating unlawful discrimination and fostering good relations between people with particular protected characteristics and others. In producing guidance and advice, NICE aims to comply fully with all legal obligations to: promote race and disability equality and equality of opportunity between men and women, eliminate unlawful discrimination on grounds of race, disability, age, sex, gender reassignment, marriage and civil partnership, pregnancy and maternity (including women post-delivery), sexual orientation, and religion or belief (these are protected characteristics under the Equality Act 2010).

The manufacturer states that the Neo Pedicle Screw System (Neo PSS) should not be used in children, people who still have general skeletal growth, and people with certain mental health problems. Some mental health problems are common contraindications for spinal fusion surgery because of the extent of self-care needed after surgery. A specialist commentator advised that the consultant surgeon would consider surgery on a case-by-case basis, always acting in the best interests of the patient.

People with mental health problems that affect everyday living may be considered to have a disability, which, along with age, is a protected characteristic under the Equality Act 2010.