THE 'devastated' family of cancer patient Pamela Smith are to seek a judicial review after health bosses turned down her appeal for a life-extending drug.

Mrs Smith, 62, from Darlington has advanced bowel cancer and her consultant is being prevented from prescribing the new drug Erbitux on the NHS.

Even though the drug is widely available in Europe and America, last year the National Institute for Health and Clinical Excellence drug watchdog ruled that the drug was not cost-effective enough to be made available on the NHS.

Mrs Smith's family believe the drug is the last chance to prolong her life and are angry that access is being blocked.

Last night, Mrs Smith's, son Colin, vowed to mount another appeal and revealed that he has instructed a solicitor to apply for a judicial review of the decision.

"We have lost the appeal, my mum and the family are devastated. They thought the effort we have put in and the fantastic articles in the Echo would make the PCT think again but we have been turned down again," said Mr Smith.

Last week, Darlington GP Dr Ahmet Fuat, who is Mrs Smith's son-in-law, accused the NHS of failing cancer patients by restricting access to new and fully licensed drugs.

Darlington PCT took their decision despite evidence of the drug's effectiveness supplied by Mrs Smith's consultant oncologist and a letter of support by Darlington MP - and former Health Secretary - Alan Milburn.

Mrs Smith, who is blind and a mother of five, has now spent £10,000 - her life savings - to obtain Erbitux privately.

"My mum now has no money left so she will have to rely on the family. What makes the appeal result a disgrace is that she is responding to the treatment," her son said.

Kidney cancer patient Kathleen Devenport from Chilton, County Durham, is also having to fund her own treatment with a new drug called Sutent which is also widely used in Europe and America.

So far the private course of treatment has cost £3,000 after County Durham PCT turned down a request from her cancer specialist for permission to prescribe the drug.

So far, Sutent has not been reviewed by NICE.

Darlington PCT's medical director Dr Hilton Dixon said: "For each appeal meticulous attention is given to the information provided to the PCT by patients, their families and clinicians, together with evidence of the effectiveness of the treatment being considered.

"The final decision is taken by the board, which comprises lay and executive directors. This takes into account any exceptional circumstances and clinical effectiveness.

"We acknowledge individuals and families may question the decisions that are taken, but the PCT has to make these decisions based upon the evidence which is available."

Since the Government set up NICE, to end what was often described as the 'postcode lottery' of NHS prescribing, primary care trusts in England have abided by the body's rulings on which new drugs should be available on the NHS.

NICE has been criticised for placing too great an emphasis on the cost-effectiveness of new drugs but the organisation insists that they are acting in the interests of patients.

NICE is facing legal action over its decision to restrict access to a number of drugs for Alzheimer's disease.

Until a ruling is made by NICE, requests by North-East consultants who wish to prescribe new cancer drugs are vetted by a group of consultants from the same specialty.

If they back the request this goes before the North-East and Cumbria Cancer Drug Approvals Group, an 18 strong body made up of doctors and NHS officials.

If the group endorses the drug, advice will go out to all primary care trusts in the region that the drug should be funded.

However, after a ruling by NICE, PCTs are expected to follow the national guidance.