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  • New law strengthens punishment for assaulting health sector workers

    New law strengthens punishment for assaulting health sector workers

    Friday, 27 July 2018 16:08
  • Home Office gives go ahead to allow cannabis-derived medicinal products on prescription

    Home Office gives go ahead to allow cannabis-derived medicinal products on prescription

    Friday, 27 July 2018 15:58
  • Review on prescribed medicines sets out scope and terms of reference

    Review on prescribed medicines sets out scope and terms of reference

    Tuesday, 24 July 2018 12:30
  • AMs recommend that pharmacists have access to palliative care data in Wales

    AMs recommend that pharmacists have access to palliative care data in Wales

    Wednesday, 18 July 2018 17:41
  • APTUK questions claims about pharmacy technicians’ desire to supervise medicines supplies

    APTUK questions claims about pharmacy technicians’ desire to supervise medicines supplies

    Wednesday, 18 July 2018 17:17

Umesh Modi is a chartered accountant, and Pamini Jatheeskumar is a chartered certified accountant at Silver Levene...
  Don Lavoie is alcohol programme manager at Public Health England and Gul Root is lead...
Don Lavoie is alcohol programme manager at Public Health England and Gul Root is lead pharmacist, Health and Wellbeing Directorate, Public Health England
More inWhite Papers  

a scales of justice imageMay 23 2018

The Court of Appeal has commenced hearing a case around the Government’s cut in pharmacy funding and other changes to community pharmacy introduced in 2016.

PSNC and the National Pharmacy Association are both appealing a Judicial Review which had found that while the Department of Health had been mistaken in the basis of making its decisions, the action was not unlawful. 

PSNC had argued that the Secretary of State for health had failed to carry out a lawful consultation on the proposals for community pharmacy. 

“On 18th May 2017, Mr Justice Collins gave his judgment, finding against PSNC, but criticising the Department of Health’s consultation process, stating that it was unfair, but not so unfair as to be unlawful,” said PSNC this week. The Department “had failed to disclose its use of a Companies House analysis that it said showed community pharmacies have an operating margin of 15%.”

The NPA said that the Health Secretary had misinterpreted a legal duty under section 1(c) of the National Health Service Act 2006. This states that “in exercising functions in relation to the health service, the Secretary of State must have regard to the need to reduce inequalities between the people of England with respect to the benefits that they can obtain from the health service.”

NPA Vice Chair, Andrew Lane, said: “Pharmacies are disproportionately located in deprived areas – a rare exception to the so-called inverse care law under which people with the highest needs have the least access to advice and treatment. 

“The High Court judgment vindicated our stance on health inequalities and we now want to see that flow through to a logical and fair conclusion. Had the Department of Health properly considered the impact of its cuts, it would have realised that the cuts will ultimately have a disproportionate effect on people living in the most deprived areas of England, where there is already a lack of NHS provision.”

PSNC Director of Operations and Support, Gordon Hockey, commented: “PSNC has always regretted very much that it became necessary to take the unprecedented step of seeking a Judicial Review. We have always sought to work constructively and collaboratively with the NHS and Department of Health and hope to begin substantive discussions with them on the future of community pharmacy very soon.”

The hearing at the Court of Appeal at the Royal Courts of Justice in London was expected to take two and a half days, but a decision is not expected to be announced for a number of weeks. 

Links:
PSNC statement            
NPA statement 

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