Question to the Department of Health and Social Care:

To ask Her Majesty’s Government whether NHS hospitals have the legal power to refuse treatment to patients on the basis of their smoking or any other lifestyle habit.

National Health Service trusts and foundation trusts do not have the power to refuse treatment to patients on the basis of lifestyle habits. However, the NHS Constitution does ask patients to recognise that they can make a significant contribution to their own health and wellbeing, and that treatment may be delayed where a change in lifestyle factors is likely to improve the outcome.

The Handbook to the NHS Constitution states: “The right to treatment within 18 weeks from referral will cease to apply in circumstances where… delaying the start of your treatment is in your best clinical interests, for example where smoking cessation or weight management is likely to improve the outcome of the treatment.”