NHSS CLO National Appeal Panel Challenge of the Pharmacy Practices Committee Decision

NHSS CLO National Appeal Panel Who can challenge the decision?

NHSS CLO National Appeal Panel 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

NHSS CLO National Appeal Panel The grounds for challenge

NHSS CLO National Appeal Panel No specified statutory grounds Para 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 test Failure to take into account facts/representations

NHSS CLO National Appeal Panel The PPC took into account facts/representations which it should not New evidence – material Failure by PPC to give reasons in reaching decision Repeating case/stating decision wrong - will lead to dismissal

NHSS CLO National Appeal Panel The National Appeal Panel

NHSS CLO National Appeal Panel Nominees of PCTs Royal Pharmaceutical Society Pharmaceutical General Council Nine members inc Chair and Vice Chair Hearings in localities – site visits Dismissal of frivolous/vexatious appeals

NHSS CLO National Appeal Panel Information required by the National Appeal Panel

NHSS CLO National Appeal Panel Application and supporting documents Representations – timeous Relevant information – numbers of prescriptions, doctors, patients, proposed developments Date of PPC decision and issue Maps

NHSS CLO National Appeal Panel Notification of decision by National Appeal Panel

NHSS CLO National Appeal Panel 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

NHSS CLO National Appeal Panel 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…..

NHSS CLO National Appeal Panel Factors to be considered What 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?

NHSS CLO National Appeal Panel Neighbourhood Not judicially defined – fact not law But judicial guidance – Boots the Chemist Ltd – Judicial review – 1999; Alliance Economic Investment Co v Berton

NHSS CLO National Appeal Panel 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

NHSS CLO National Appeal Panel 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

NHSS CLO

National Appeal Panel Adequacy of existing services Services provided by contractors located in the neighbourhood Services provided by contractors not located in the neighbourhood Travel by foot, by car Do they work in the area? Out of hours, GP dispensing

NHSS CLO National Appeal Panel Application to be necessary or desirable to secure the adequate provision Viability of applicants business Viability of existing service providers R v Yorkshire RHA Ex p. Suri – 1995 – commercial effect Relocations

NHSS CLO National Appeal Panel Distribution of services Numbers requiring services Types of people requiring services Accessing the services Hours of services Proximity of GPs and numbers

NHSS CLO National Appeal Panel 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

NHSS CLO National Appeal Panel General Future changes Avoid the convenience factor Treat each case on its merits