NORTH-EAST health officials appear to have won a partial victory in their fight with ITV over claims they discriminate against obese patients.

Last night - according to advance publicity from ITV - the Tonight with Trevor MacDonald programme was due to name County Durham Primary Care Trust as one of 16 in the country to restrict operations because of patients' lifestyles.

But after protests by Dr Tricia Cresswell, executive director of public health for County Durham and Darlington Primary Care Trusts, the programme makers confirmed that it would not make any reference to County Durham PCT.

However, it is unclear whether the programme withdraws the original allegation, based on a survey of 152 primary care trusts.

The programme claims the survey found that one in ten PCTs restricts joint replacement or other non-emergency operations to obese people or smokers.

Dr Cresswell strenuously denied having such a policy and warned the programme makers it would consider legal action and demand an apology if false allegations were made.

Rather than having a blanket policy, the PCT argues that doctors within County Durham retain the right to advise patients not to have an operation if there is a concern over their health.

Last night a spokeswoman for County Durham PCT said: "We have spoken to the programme makers and they are not going to mention the PCT."

In a statement Dr Tricia Cresswell said: "County Durham PCT does not have an overarching policy which precludes surgical treatment because of lifestyle choices.

"All treatments are based on clinical decision making by the clinicians involved with the patients. In some cases clinicians will not recommend surgery when a patient is obese because of the risk of complications.

"This is a clinical decision.

"The PCT does restrict access to certain aesthetic surgery procedures (eg apronectomy) until the patient has reached the required weight loss. This is in keeping with agreed good practice."

A spokeswoman for ITV said: "We are still putting the programme on. County Durham was not featured in the original."

The Patients Association has criticised any attempt by NHS doctors to discriminate against smokers.

The Department of Health has denied that smokers or obese people were refused operations to save money, but insisted doctors had the right to advise patients to change their lifestyles before surgery.

A spokeswoman for ITV said: "The County Durham Trust has now clarified the information that was originally given to our programme and led to it being mentioned in the press release that was issued. The programme never planned to mention the trust by name."