Treatments with legal status
Technology appraisals and highly specialised technologies are a special type of guidance about medicines (and occasionally other types of treatments) produced by NICE. If NICE recommends the use of a treatment, the NHS Constitution says that it is your legal right to have it if your doctor believes it is right for you.
Our website lists all the treatments that have been considered by NICE which have this legal right attached.
The first thing to do is to discuss with your healthcare professional, whether the treatment is right for you. If they think it is but you are unable to get it (for example, your local Clinical Commissioning Group refuses to fund it), you should speak to the Patient Advice and Liaison Service (PALS) at the hospital or community service where you are being treated. If you are being treated at your GP surgery, dental surgery, opticians or community pharmacy service, you will need to speak to NHS England.
If you still are not able to have the treatment you may want to make a complaint. You should discuss with your healthcare professional how to make a complaint about the organisation not providing the treatment.
The NHS has a complaints procedure, which details each step and provides advice.
You may also find it useful to contact your local council or local Healthwatch to find out about independent NHS complaints advocacy providers in your area.
If you have made a complaint and you are still not able to have the treatment you can approach the Parliamentary and Health Service Ombudsman, with your healthcare professional's support. The Ombudsman is independent of the NHS and government, and can look in to a complaint if you have been unable to resolve it with your local NHS.