I don’t think they will get away with that as they are openly saying its to save money. Yes treatments can be (and are) refused to people or delayed on the basis of clinical risk, but to do it on the basis of BMI and just to save money, I think can, and should be challenged....and the NHS England agree
taken from the Guardian article
A spokesman for NHS England said: “Major surgery poses much higher risks for severely overweight patients who smoke. So local GP-led clinical commissioning groups are entirely right to ensure these patients first get support to lose weight and try and stop smoking before their hip or knee operation. Reducing obesity and cutting smoking not only benefits patients but saves the NHS and taxpayers millions of pounds.
“This does not and cannot mean blanket bans on particular patients such as smokers getting operations, which would be inconsistent with the NHS constitution.
“Vale of York CCG is currently under special measures legal direction, and NHS England is today asking it to review its proposed approach before it takes effect to ensure it is proportionate, clinically reasonable, and consistent with applicable national clinical guidelines.”
In other words “You ain’t doing it chum"