12. Our legislation, the Health Service Commissioners Act 1993, says we can only consider a complaint about failings in a service provided by a health service body, a failure of a health service body to provide a service which it was a function of the body to provide, or failings connected with any other action taken by or on behalf of a health service body. This means we cannot consider commissioning arrangements, in the absence of guidance to say a service should be provided.
13. Mr R’s complaint relates to the actions of the ICB, which does not commission services for ARFID. ICBs are responsible for planning and commissioning NHS services in their local areas. This means they decide which services should be available to meet the needs of the local population and allocate funding accordingly.
14. The ICB does not commission the local Child and Adolescent Mental Health Service (CAMHS) to treat ARFID directly, although support may be available for co-occurring conditions such as anxiety. We also understand that while private services do offer specialist therapy, these fall outside NHS-funded provision.
15. We need to consider if the ICB should have commissioned an NHS service for ARFID, in line with national guidance and the ICB’s responsibilities.
16. ARFID is not currently recognised as a standalone eating disorder within the NICE guideline NG69 (2020), which covers eating disorders in children and young people. In its response dated 10 March 2025, the Trust said NHS England was expected to publish updated guidance for ARFID in 2023, but this has been delayed indefinitely, and there is currently no confirmed timeline for its release. Given NICE guidance does not outline treatment for ARFID, we have seen nothing to indicate failings in the ICB not commissioning ARFID services.
17. We have considered the outcome Mr R is seeking. Mr R would like the ICB to commission local ARFID services. Sadly, we are not able to make recommendations about what local services should be provided. This is because it is our role to consider whether an organisation has acted in line with the relevant policies and guidance, and we are not able to make recommendations around commissioning, funding and policy.
18. Mr R is seeking a route for his son to be able to access care out of his local area, or to have this funded privately.
19. To seek funding for his son’s care privately, Mr R may wish to make an individual funding request (IFR). Patient’s can make an IFR request for treatment not normally funded. IFR requests are considered on an individual patient basis. It usually needs the support of a clinician, usually the patient’s GP or consultant, to make the case on their behalf. The clinician would submit a completed IFR application to the ICB along with the supporting clinical evidence.
Conclusion
20. We are sorry that we are unable to take further action on this complaint. We hope we have explained the careful consideration given to our decision and clearly outlined the reasons for it.
21. It is clear how committed Mr R is to finding the right support for his son, and we sincerely hope that he can secure the care he needs and deserves.