NHS South West London Integrated Care Board

3. Ms N says the ICB’s Assisted Conception Treatment (ACT) policy discriminates against her and her partner. She says the policy excludes them from funded NHS treatment to conceive a child where both would be biological parents.

4. Ms N also raises concerns the policy treats same-sex couples less favourably than heterosexual couples, imposes disproportionate financial burdens, and fails to provide equal access to fertility care based on sexual orientation.

5. Ms N says the policy results in procedures that are not medically necessary and would cause significant financial strain. Ms N further says the policy exacerbates the stress of family planning.

6. As a result of bringing this complaint to us Ms N is seeking changes to the ICB’s ACT policy.

7. Ms N contacted the ICB, on 12 February 2025, for clarification on their policy approach to reciprocal IVF (in vitro fertilisation) for same sex couples. Ms N requested this information as she and her partner hope to begin NHS funded reciprocal IVF within the next three years.

8. Reciprocal IVF is where eggs are collected from one partner in a same-sex female or other LGBTQIA+ couple and fertilised with donor sperm. The resulting embryo is then transferred into the other partner’s womb, who carries the baby and gives birth.

9. The ICB replied to Ms N on 16 April 2025 stating ‘IUI/IVF/ICSI treatment would be funded in line with the access criteria in our ACT Policy’.

10. The ACT Policy states ‘Women in a same sex relationship and single women must demonstrate that they have had a total of 12 cycles of IUI over a period of at least 12 months before they can access ACT, unless a cause of sub-fertility has already been identified either before or during this 12-month period.’

11. Ms N responded to the ICB, on 16 April 2025, raising concerns about the policy. Specifically, she said the policy meant self-funded IUI (Unstimulated Intrauterine Insemination) had to be undertaken before NHS funded IVF would be offered. Ms N noted if IUI was successful, only one partner in a same-sex couple could be a biological parent. Ms N also raised concerns the policy was not following the principles of the Equality Act 2010.

12. The ICB replied to Ms N on 4 July 2025 and confirmed to access NHS funded ACT ‘diagnosed sub-fertility/infertility or 24 months of unexplained infertility must be evidenced’. It further said the ACT Policy would be reviewed once new National Institute for Health and Care Excellence (NICE) guidance, on fertility problems, was published. The ICB further noted the Women’s Health Strategy for England (2022) would be taken into consideration during the policy review.

14. Before we decide if we should conduct a detailed investigation of a complaint, we look at whether there is an organisation that is better placed to deal with the concerns. Some complaints can be looked at by us, and also by other organisations. We have considered whether another organisation is better suited to providing an answer to the complaint and whether it can provide the outcome Ms N seeks.

15. Given the outcome Ms N is seeking, the DHSC is likely the better body to consider this matter. The DHSC is a ministerial department who support and advise government ministers to help them shape and deliver policy.

16. We are unable to make an organisation change its policies and therefore are unable to achieve the outcome Ms N seeks. The DHSC is the body who could best enact the policy changes and is the more appropriate forum for her complaint.

17. We appreciate the circumstances that brought Ms N to complain to our organisation. We thank her for bringing her concerns to us. We hope this statement clearly explains why we will not be considering her complaint further at this time.

1. We have carefully considered Ms N’s complaint about the NHS South West London Integrated Care Board (the ICB). We are sorry to learn of Ms N’s concerns and understand the worry this continues to cause.

2. We have seen that Ms N is unhappy with the ICB’s response to her complaint. We believe it is more appropriate for the Department of Health and Social Care (DHSC) to consider the matter Ms N has brought to us.