A rule banning Oxfordshire women over 38 from using fertility treatment on the National Health Service could be a breach of human rights, writes Victoria Owen.

An Oxford solicitor said she would consider using new laws to take health managers to court after they reduced the age limit for women to receive special egg-producing drugs available on the NHS.

Though the previous age limit was 40, nearly 18 per cent of women referred to the Oxford fertility unit at the John Radcliffe Hospital have been affected by the county health authority decision. Patients will now have to pay an estimated 500 for the gonadotrophin medication, in addition to IVF and other infertility treatments which can cost up to 1,500. But the new legislation could prompt thousands of women to fight the health authority ruling in court.

Medical negligence solicitor Helen Neibuhr said the Human Rights Act could have a major impact on all aspects of life.

Ms Neibuhr, a partner at law firm Darbys Mallam Lewis, said: "The age limit argument is certainly something that would be worth researching. It is like writing off anyone over 38. It certainly raises an issue that could be a breach of human rights it is a discrimination against age." Ms Neibuhr said the Human Rights Act, which will come into force on October 2, will cover rights to privacy, rights to life and prohibition against discrimination.

She said: "It will affect many things, but we will not know how much influence it will have until individual cases are tested in court. "Cases are already waiting to be heard under the Act."

Oxfordshire Health Authority reduced the age limit to prevent a 60,000 overspend on the county's allocated infertility treatment budget.

Spokesman Steve Argent said: "We will study the legislation closely and make any changes in our policy if and when it becomes necessary."