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<p>The level of provision of local health services, including fertility treatment,
available to patients is, and has been since the 1990s, a matter for local healthcare
commissioners, who must consider the needs and priorities of all their population.
Clinical commissioning groups (CCGs) have the current statutory responsibility to
commission high quality services that meet the needs of their local population. Decisions
about treatment should always be based on patients’ clinical needs.</p><p>If there
are concerns about provision of care, it is for NHS England to ensure the CCG is not
breaching its statutory responsibility to provide services that meet the needs of
the local population. Where performance concerns are identified, NHS England has the
ability to exercise formal legal powers to either provide an enhanced support to a
CCG, or in rare circumstances to intervene where it is believed that a CCG is failing,
or is at risk of failing, to discharge its functions.</p><p>NHS England has advised
that the CCGs in south east London have agreed to undertake a rapid review of the
NHS South East London’s Treatment Access Policy Document in relation to access criteria
for funding in vitro fertilisation (IVF) by the end of November 2019.</p><p>The CCGs
have made a public apology for any offence caused by the wording in the Treatment
Access Policy Document in relation to single women’s access to IVF treatment and the
review document it refers to and agree that this wording is unacceptable.</p><p>The
rapid review will also specifically consider issues relating to equality and discrimination
in relation to single women. The CCGs will publish the review alongside any changes
to the revision of the policy.</p><p>NHS England and NHS Improvement are aware that
the CCGs are undertaking a review of the policy, as the body responsible for that
policy. All CCG governing bodies were asked to review and approve any changes to the
NHS South East London Treatment Access Policy made for 2019/20.</p><p>In taking clinical
decisions about fertility treatment and taking account of their public sector equality
duty, CCGs should make assessments based on clinical infertility and not on relationship
status.</p>
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