nhss clo national appeal panel challenge of the pharmacy practices committee decision
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NHSS CLO
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Challenge of the Pharmacy Practices Committee Decision
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Who can challenge the decision?
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The Applicant Area Pharmaceutical Committee Area Medical Committee Persons in Pharmaceutical or Provisional lists Health Board/Trust within 2 kms of premises Area Pharmaceutical Committee of Board/Trust Area Medical Committee of Board/Trust Persons in Pharmaceutical List of Board/Trust
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The grounds for challenge
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No specified statutory groundsPara 4(3) of Sched 3 – “Any notice of
appeal…. Shall contain a precise statement of the facts and contentions upon which the appellant intends to rely”
E.g – failure to apply statutory testFailure to take into account
facts/representations
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The PPC took into account facts/representations which it should not
New evidence – materialFailure by PPC to give reasons in reaching
decision
Repeating case/stating decision wrong - will lead to dismissal
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The National Appeal Panel
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Nominees of PCTsRoyal Pharmaceutical SocietyPharmaceutical General CouncilNine members inc Chair and Vice ChairHearings in localities – site visitsDismissal of frivolous/vexatious appeals
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Information required by the National Appeal Panel
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Application and supporting documentsRepresentations – timeousRelevant information – numbers of
prescriptions, doctors, patients, proposed developments
Date of PPC decision and issueMaps
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Notification of decision by National Appeal Panel
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• Para 15 of Schedule 4 of the 1995 Regulations
• Decision and reasons to be sent to the PPC within 5 working days
• The PPC has then 5 working days to give the decision to the Appellant and the interested parties
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The Legal Test• An application shall be granted if the Board
or NHS Trust is satisfied that the provision of pharmaceutical premises at the premises is necessary or desirable in order to secure adequate provision of pharmaceutical services in the neighbourhood in which the premises are located…..
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Factors to be consideredWhat are the existing services?Are the services adequate?Is it necessary to grant the application to
secure adequate provision?Is it desirable to grant the application to
secure adequate provision?
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NeighbourhoodNot judicially defined – fact not law
But judicial guidance –
Boots the Chemist Ltd – Judicial review – 1999;
Alliance Economic Investment Co v Berton - 1932
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• Neighbourhood• It is a place• A “neighbourhood” – vicinity or nearness• Ordinary meaning – where do you live –
what factors define your neighbourhood?• A neighbourhood for all purposes• What it is not
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• Neighbourhood• Where are the premises?• Consider the area where the premises are• Look at the geography – railways, rivers,
motorways, social divides, tree belts• Is this sensible?• The map
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Adequacy of existing servicesServices provided by contractors located in
the neighbourhoodServices provided by contractors not
located in the neighbourhoodTravel by foot, by carDo they work in the area? Out of hours, GP dispensing
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• Application to be necessary or desirable to secure the adequate provision
• Viability of applicant’s business• Viability of existing service providers• R v Yorkshire RHA Ex p. Suri – 1995 –
commercial effect• Relocations
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• Distribution of services• Numbers requiring services• Types of people requiring services• Accessing the services• Hours of services• Proximity of GP’s and numbers
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• Necessary or desirable• If necessary, then no need to consider
desirability but if not necessary, then must consider desirability
• R v Yorkshire RHA Ex p Baker – 1996 – if inadequate, then it will be necessary to secure the services
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• General
• Future changes• Avoid the convenience factor• Treat each case on its merits