12. Before we decide if we should conduct a detailed investigation of a complaint, we look at whether there are signs the organisation has got something wrong. We do this by comparing what should have happened with what did happen. We have done this and have not found any indications that something has gone wrong. We will explain the reasons for our decision in more detail below.
13. The IVF policy states that it is the absolute value of BMI (rather than the reasons for it) which must be considered when a trust assesses a patient’s request for IVF treatment funded by the NHS. Ms E’s BMI was 52 at the time of her initial application and remains above 30 now.
• The policy explains that the BMI must be below 30 because oocyte (egg) collection rates are significantly lower and early pregnancy loss rates are significantly higher, in women with BMI of 30 or more, compared with those with BMI under 30.
14. The policy explains that the criteria are set for clinical and safety reasons. The BMI value is not set arbitrarily.
15. We consider the Trust correctly applied the eligibility criteria and was not required to take into account reasons for the BMI level. Ms E’s BMI was above 30 and the reasons for that are, unfortunately, not relevant.
16. Therefore, there is no indication that the Trust did anything wrong, either in reaching its original decision not to offer NHS-funded IVF treatment, or in its decision not to reconsider its stance in response to new evidence which Ms E offered to explain her BMI level.
17. We realise that this is not the outcome Ms E was looking for when she approached us. We hope we have explained the thorough consideration we have given to our decision and clearly outlined the reasons for it.