NICE is facing a legal challenge over its ME guidelines delay

SWAlexander

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The National Institute for Health and Care Excellence (NICE) is facing a legal challenge. It’s over the body’s delay in publishing new treatment guidelines for a chronic and debilitating disease. But as the backstory to this potential court case shows, the chronically ill people at the centre of this scandal have already suffered enough at the hands of the medical and political establishment.
More at: https://www.thecanary.co/uk/analysi...legal-challenge-over-its-me-guidelines-delay/
 

Countrygirl

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Peter Todd, solicitor of : SCOTT-MONCRIEFF & ASSOCIATES LTD SolicitorsTemple Chambers, 3-7 Temple Avenue, London EC4Y 0HP

..................has served NICE with a letter on behalf of a patient harmed by GET. In it, he demands that they publish the guidelines by this Wednesday Oct 6th, or he will refer the matter to the High Court.

The letter is attached.
 

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Diwi9

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I can't believe they said they would engage in alternative dispute resolution on this issue. Either the guidelines are published, or they are delayed. This is an issue of specific performance of one single act: publication.
 

Diwi9

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Thanks for the explanation. Not much of a threat to sue for injunctive relief if the other side knows they can use ADR as a delaying tactic. Seems like procedure is paramount in the UK, except for NICE...they make it up as they go.
 

Countrygirl

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The deadline has passed and no Guideline has been published.

Peter Todd, the solicitor, has tweeted this:






Peter Todd

@PeterTodd_


On 1st October I received a prompt email from NICE confirming they had received my letter and would reply in due course. However no response has been received by the deadline of noon today. An urgent application for legal aid has been lodged. #PublishThatGuideline
 

BrightCandle

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The thing is about NICE's argument is since they freely admit that they can't bind medical staff there is no issue with releasing what they believe to be the right guidelines. They have a duty to consult and listen but not to do anything about that, their independence means they can freely publish without regards to the special interest groups. They have kind of undone their own argument pointing at the case law and the underlying law there.

They already understand the objections from the special interests groups, their entire business is predicated on GET and CBT, they are entirely staffed by Psychologists and Physiotherapists and they see their business disappearing in an instant with the release of these guidelines. Given the feedback they have (secretly) received it must be clear the actual objections, there is no reason to drag this out further. NICE does not have to regard itself with the effectiveness of its rollout at all, its not legally required to do so and medical staff are not required to follow their guidance.

Time to take them to court, there is no timeline for release, the client is one of 100s of thousands harmed by the delay who can't get anything done until its released and we can bash our useless doctors over the head with it.
 
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Countrygirl

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Woohoo!

Legal Aid is granted and we are off to the High Court!

Ian Wise QC is representing the patient.


https://www.monckton.com/barrister/...9opXKBv1OUc4jGnFxi6hr2anytXGz8ArWYRAgJuMdn8sI

Here is a Tweet from solicitor Peter Todd: now busy preparing the papers so I can file and serve proceedings in the High Court. Ian Wise QC being instructed to settle the statement of facts and grounds https://monckton.com/barrister/ian-wise-qc/… Currently envisage serving proceedings by close on Friday 15th October #PublishThatGuideline
 

SWAlexander

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"Man granted legal aid to begin judicial review proceedings against the UK health standards body over its decision to pause publication following a row over a controversial therapy"
A patient with chronic fatigue syndrome (CFS) has launched a legal challenge against the National Institute for Health and Care Excellence (Nice) over its decision to delay publishing their long-awaited landmark guidance on the condition.

The claimant, who wishes to remain anonymous, was granted legal aid on Friday to begin judicial review proceedings against the UK health standards body over its decision to pause publication following a row over a controversial therapy.

The planned guidance was going to advise doctors to stop administering graded exercise therapy (GET), which involves incremental increases in physical activity to gradually build up tolerance.
More: https://inews.co.uk/news/health/me-...=Social&utm_source=Twitter#Echobox=1633757717
 

BrightCandle

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I sure hope he wins. Its the sort of case law I would absolultely love to follow given GET harmed me too and my refusal to take anymore has resulted in a complete blacklisting and I can no longer see a doctor at all. I sure hope a judge can see that NICE's actions are clearly leading to this harm. I have some hope but I also know justice rarely works in this country.