Campaigners have accused the equalities watchdog of not being “fit for purpose” because of its alleged failure to clamp down on discrimination against older people.

       Silver Voicer, which champions the causes of people over 60, said the Equality and Human Rights Commission (EHRC) rejected two cases of potential age discrimination in the NHS.

       Dennis Reed, director of Silver Voices, said: “The EHRC has now rejected both cases out of

       hand because of “insufficient grounds” without providing any detail of their reasoning.

       "The EHRC has shown that it is not fit for purpose as far as discrimination against older people is concerned.

       We submitted cast-iron cases of discrimination by the NHS, where it is clear that life-saving services are being denied to older people, based on arbitrary age limits.

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       “The Commission procrastinated on the cases for seven months, did not consult Silver Voices at any stage and then did not explain its grounds for ruling out enforcement action.

       “Our reading of the situation is that we did have an irrefutable case , but the EHRC is afraid to take on the NHS establishment.”

       Under equalities legislation, it is illegal to deny a public service based on age, and the EHRC was asked how it was permissible to stop cancer screening invitations at certain ages when the incidence of cancer generally increases with age.

       The second case concerned the availability of shingles jabs which are not offered to certain age groups.

       Mr Reed said: “Time and again the EHRC ducks taking action to eradicate ageism from UK society. We call into question whether the ￡14 million being spent annually from taxation on this body is cost effective under its current leadership".

       Silver Voices also accused the NHS of “institutional ageism”, particularly when it comes to treatments.

       In a newsletter to members, it said: “Older people are used to being told that they are too old for an operation or ongoing medication.

       This attitude came to the fore during the pandemic when older patients were routinely denied admission to hospital or to intensive care.

       So-called ‘do not resuscitate’ notices were widely used. Thousands died who could have been saved.

       “We had hoped that our references to the EHRC would challenge the NHS to rethink its attitudes to older patients, but sadly we have been let down by the very body that is supposed to enforce the legislation. The establishment has closed ranks against us.”

       The NHS follows guidance from the Joint Committee on Vaccination and Immunisation on vaccine eligibility, including for the shingles vaccine.

       A spokesperson for the EHRC said: “In recent correspondence with Dennis Reed, we confirmed that we did not have sufficient grounds to justify the use of our regulatory powers. This followed a detailed internal process which looked at all available information.

       “We also told Mr Reed that we are in contact with the Department for Health and Social Care, to ensure they are complying with their obligations under the Equality Act.

       “Defending older people’s rights and eradicating age discrimination from society is woven into the fabric of our day-to-day work.

       “We regularly give expert advice to other organisations, such as the Care Quality Commission, to make sure equality is carefully considered.

       "This has led to changes to guidance and to our receiving intelligence about concerns in the bodies they inspect and regulate. Our Chief Executive has personally met the bosses of the Office of Rail and Road, Ofgem and other regulators to ensure that the sectors they oversee take account of the needs of vulnerable customers, including older people.”

       The NHS was contacted for comment.