england-and-wales health
Is it lawful for some English NHS trusts to stock more kinds of medications than others?
<h3>Factual Situation</h3>
<p>My daughter lives in an area covered by a NHS Trust beneath that's not Oxford. Her migraine can be only treated with a triptan on Oxford's formulary, but not her own area's, like Eletriptan. His GP said that he can't prescribe her a triptan on Oxford's formulary. The only way she can get it, is if she's admitted to their ER or is eligible for Oxford NHS. But she isn't.</p>
<h3>Legal Question</h3>
<p>Isn't it discriminatory for some UKers to have more triptans, and thus better health care, by the NHS than others solely based on your address?</p>
<p>Left to right – <a href="http://www.selondonjointmedicinesformulary.nhs.uk/searchresults.asp?SearchVar=triptan&amp;Submit=Search" rel="nofollow noreferrer">Guy's</a>,  <a href="http://www.cambridgeshireandpeterboroughformulary.nhs.uk/searchresults.asp?SearchVar=triptan&amp;Submit=Search" rel="nofollow noreferrer">Cambridgeshire</a>, <a href="http://www.bswformulary.nhs.uk/searchresults.asp?SearchVar=triptan&amp;Submit2=Search" rel="nofollow noreferrer">Salisbury</a>, <a href="http://www.oxfordhealthformulary.nhs.uk/searchresults.asp?SearchVar=triptan&amp;Submit2=Search" rel="nofollow noreferrer">Oxford</a>.</p>
<p><a href="https://i.stack.imgur.com/ZuErt.jpg" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/ZuErt.jpg" alt="enter image description here" /></a></p>
<p>I don't want to cram too many pics in the collage, but <a href="http://www.southamptonformulary.nhs.uk/searchresults.asp?SearchVar=triptan&amp;Submit=Search" rel="nofollow noreferrer">Southampton</a> has Almotriptan, Sumatriptan and Zolmitriptan, but <a href="http://www.herefordshireformulary.nhs.uk/searchresults.asp?SearchVar=triptan&amp;Submit2=Search" rel="nofollow noreferrer">Herefordshire</a> just the latter two.</p>

<h2>It may be a breach of the <a href="https://www.gov.uk/government/publications/the-nhs-constitution-for-england/the-nhs-constitution-for-england#patients-and-the-public-your-rights-and-the-nhs-pledges-to-you" rel="nofollow noreferrer">NHS Constitution for England</a></h2>
<blockquote>
<p>You have the right to drugs and treatments that have been recommended by NICE for use in the NHS, if your doctor says they are clinically appropriate for you.</p>
<p>You have the right to expect local decisions on funding of other drugs and treatments to be made rationally following a proper consideration of the evidence. If the local NHS decides not to fund a drug or treatment you and your doctor feel would be right for you, they will explain that decision to you.</p>
</blockquote>
<p>If the drug has been recommended by <a href="https://en.wikipedia.org/wiki/National_Institute_for_Health_and_Care_Excellence" rel="nofollow noreferrer">NICE</a> then it should be available to you. If it hasn't you should have been told why your local area won't source it for you.</p>
