I’ve seen more people commenting that doctors are dismissing patients by saying its your age and then not investigating further. This is not only illegal, it is against NHS policy.
For most of this post I will be selectively quoting from the NHS document
Implementing a ban on age discrimination in the NHS – making effective, appropriate decisions assets.publishing.service.g...
This provides a good overview of age discrimination but goes into policy making for NHS staff members. I’ll quote the more important parts for forum users.
…chronological age must not be used as a substitute for an individual assessment of a person’s needs
What is age discrimination?
Age is one of the 9 protected characteristics in the Equality Act 2010. The other 8 are: disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, sexual orientation and marriage or civil partnership.
Discrimination is where someone is treated less favourably in comparison with another e.g. where an older person is refused access to a particular service simply because of their chronological age.
Age discrimination is unfairly treating people differently because of their age. The law is focused on banning discriminatory behaviour which is harmful
Age can play a part when health professionals make decisions about the care and treatment that patients receive and in some cases this will be wholly appropriate. What is not acceptable practice and could also be viewed as unlawful by the Courts, is where a professional acts or makes a decision based on a stereotypical view of age and how that individual lives their life. Age must not be used as a proxy for the proper assessment of individual need.
Chronological age should not be used as a substitute for the thorough assessment of an individual’s needs and circumstances. However, this does not prevent health care professionals taking a person’s age into account where appropriate to do so when discussing potential interventions - for example, where age may be a risk factor.
The Public Sector Equality Duty
The Equality Act 2010 contains a requirement to proactively consider equality in the planning and commissioning of healthcare services, to ensure that patients have equitable access to healthcare services and to ensure equal treatment when receiving healthcare services. This is known as the Public Sector Equality Duty which came into force in April 2011 and requires public bodies to have “due regard” to three matters when exercising their functions. Specifically, public bodies are under a duty to:
• Eliminate discrimination, harassment and victimisation;
• Advance equality of opportunity between people sharing a protected characteristic and those who do not;
• Foster (encourage and develop) good relations between people sharing a characteristic and those who do not, including promoting understanding and tackling prejudice.
The Public Sector Equality Duty requires consideration of all the protected characteristics. The duty therefore already includes consideration of “age”. In carrying out the Public Sector Equality Duty and analysing the impact of decision-making on equality, NHS organisations (should) have thought about “age” when developing new policies and services and reviewing existing provisions. However, with effect from 1st October 2012 the specific anti-discrimination law covering discrimination, harassment and victimisation on the grounds of age in the provision of services come into force
Age discrimination infringes your Human Rights
In developing policies for delivering NHS services it is worth remembering that NHS organisations and contractors delivering services on their behalf of the NHS are subject to the Human Rights Act 1998. Article 14 prohibits discrimination in very broad terms and requires that the substantive rights such as the right to life, the right not to be detained except in accordance with the law and the right to a private and family life are secured without discrimination. Although any claim of discrimination in breach of the Human Rights Act must be brought as part of a claim that one of the substantive rights (such as the right to life) has been infringed, the court considering a claim may uphold a claim of discrimination even if the court decides there has been no breach of the substantive right.
What to do when you encounter "its your age" in Part 2.