Alzheimer's Society will not appeal court judgment on Alzheimer's drugs

Last month, a high court judge, Mrs Justice Dobbs, ruled that the National Institute for Health and Clinical Excellence's (NICE) guidance on prescribing drugs to people with Alzheimer's disease on the NHS breached disability and race discrimination law. The public body was ordered to make changes to its guidance. However, the court did not rule in favour of the charity's other two legal arguments on NICE's evaluation of the benefit of drugs to carers and the costs of full time care. The judgment means that people in the early states of Alzheimer's drugs will continue to be denied access to effective treatment on the NHS because of cost.

Making the announcement today, Alzheimer's Society chief executive Neil Hunt pledged the campaign would continue. He said,

'The Alzheimer's Society has decided not to appeal the judicial review on access to Alzheimer's drugs. We hope the NICE will also accept the Court's ruling on discrimination and further argument on that issue will be unnecessary. We still believe that it makes no clinical, monetary or moral sense to deny people in the early stages of Alzheimer's access to drugs but we have no plans to pursue our legal arguments on these issues further in the courts. Instead, we look to the government, in its review of NICE, to eradicate the glaring flaws in NICE's process that have lead to this unacceptable position.

Caring for a person with dementia is an exhausting and difficult job, and unpaid carers save the UK £6 billion every year. It is only right that the impact treatment can have on a carer's quality of life as well as that of the person with dementia is properly calculated.

In March 2005, NICE recommended that no one with Alzheimer's should be offered drugs on the NHS for a cost of just £2.50 a day. Thanks to the passionate efforts of our dedicated campaigners thousands more people now have access to treatment. The Alzheimer's Society is committed to defeating dementia, a devastating condition that robs people of their lives. We will continue to campaign on this issue.'

For more information contact the Alzheimer's Society press office.

Notes for editors

• In March 2005, NICE, the government body which produces guidance on which drug treatments should be funded by the NHS, ruled four drug treatments licensed for Alzheimer's disease (Aricept, Exelon, Reminyl and Ebixa) should no longer be funded by the NHS. It acknowledged that the drugs were clinically effective, but stated that they were not cost effective. Following an unprecedented response NICE changed its position to allow only people only in the moderate stages of the disease access to drug treatments. Following an unsuccessful appeal to an internal review body the Alzheimer's Society challenged the decision in the high court.
• Pfizer/Eisai, manufacturer of Aricept, was the lead claimant in this judicial review. The Alzheimer's Society acted as one of a number of separate interested parties in this challenge. Its legal team represented the interests of people with dementia and their carers and raised additional arguments.
• The Alzheimer's Society does not accept funding or any other support from the pharmaceutical industry for its campaign on access to Alzheimer's drug treatments. For more information, see the Alzheimer's Society policy on ethical issues and relations with commercial organisations.
• Further information about the access to drugs campaign is available on this website.  Nice guidance applies to England and Wales. People currently on the drug treatments will continue to receive them.
• 1 in 3 older people will end their lives with a form of dementia.
• 700,000 people in the UK have a form of dementia, more than half have Alzheimer's disease. In less than 20 years nearly a million people will be living with dementia. This will soar to 1.7 million people by 2051. 1 in 6 people over 80 have dementia.
• The Alzheimer's Society champions the rights of people living with dementia and those who care for them. The Alzheimer's Society works in England, Wales and Northern Ireland.
• As a charity, the Alzheimer's Society depends on the generosity of the public to help it care, research and campaign for people with dementia. You can donate now by calling 0845 306 0898 or visiting http://www.alzheimers.org.uk/.
• The Alzheimer's Society Dementia Helpline number is 0845 300 0336 or visit http://www.alzheimers.org.uk/.