Any medical lawyers here who can help me decipher NICE guidelines?

[HairyMaclary]

I've posted this in general health as well but I'm hitting a brick wall with a procedure for my DS and wondered if anyone could help.

How does the fact that 'All NHS organisations have a legal requirement to implement NICE guidance' fit with the fact that 'Interventional procedure guidance (IPG) does not cover whether or not the NHS should fund a procedure. Funding decisions are taken by local NHS bodies after considering the clinical effectiveness of the procedure and whether it represents value for money for the NHS'.

These two don't seem to match up as if funding is withheld then how can they be implementing the guidance?

Anyone got any insight - we really want a procedure funded!

Not a medical lawyer but it is quite simple. The latter quote comes from the NICE guidance. So NICE's guidance is that the procedure is safe and effective but it is up to the NHS to decide whether or not it should be funded. If the guidance said use of the procedure is compulsory it would be different but this guidance clearly says it is up to the NHS whether or not to use it.

Thanks prh - I suspected as much but I'm looking for any options at the moment!