To: xxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx

 

Our ref: DE00000471597

 

 

 

Dear Ms xxxxxxxxx,

 

Thank you for your email of 11 January to the Department of Health requesting, under the Freedom of Information Act (FOIA), details about prescription charges.  Your request has been passed to me for reply.

 

Specifically, you asked the following:

 

I currently have to pay for a private prescription as the medication isn't available on the NHS- the prices in this council (Kensington and Chelsea) vary but charge up to 85 GBP (which would leave most on benefits choosing from food or medicine) to much less in other chemists - but due to patients being on rotas (sent between many different GP's rather than being allocated on GP) it is not possible to deal with one G and Chemist- so sometimes the very poor suffer most - as in having to pay up to £85 from their benefits for vital medications: MY FOI request please is;

 

1)     What is the legislation on charges for disabled people?

2)     How many complaints have been received by disabled people for prescription charges?

3)     Is there any legal action that can be taken against chemists/pharmacies that over-charge?

    

I should firstly advise you that only the second of your questions constitutes a question under FOIA, as request for recorded information.  Your remaining questions relate to health policy and I will endeavour to also provide answers to these questions here.

 

You should also be aware that without knowing exactly why you are obtaining medication by means of a private prescription, it is difficult to fully answer your questions; there are different reasons for medicines not being available under the NHS.  However, I can assure you that GPs have discretion as to the price they will charge for issuing a private prescription.  It is also the case that pharmacies are entitled to impose a charge for dispensing medicine under a private prescription.  Additionally, the actual retail price of medicine can vary from one pharmacy to another.

 

1. You asked about legislation on charges for disabled people.  We are not aware of any such legislation.  In the specific case of private prescriptions, as I explain above, the charges imposed are a matter for the discretion of the prescriber and the dispenser.

2.  You ask how many complaints have been received from disabled people on prescription charges.  The Department does hold information relevant to this part of your request.  However, it is not in the format in which you require it and I will explain why it would not be possible to provide it to you within the appropriate limit as specified by Section 12 of the FOIA.

 

I can advise you that in the year 2009, the Department of Health received 2060 pieces of correspondence on the subject of prescriptions.  However, our electronic database categorises correspondence by health policy topic, rather than its tone.  In order to provide you with data on the number of complaints the Department received from disabled people on prescription charges solely in 2009, 2060 pieces of correspondence would therefore need to be read by an official and the categorised as a complaint or otherwise. This in itself would likely take us over and above the appropriate limit, set at £600 for public bodies.  This represents the estimated cost of one person spending 3.5 working days in determining whether the Department holds the information, and locating, retrieving and extracting that information.

 

However, I can advise you that the majority of correspondence the Department receives comprises requests for information.  Complaints about NHS services are usually made through the NHS complaints procedure, which involves an initial complaint to the relevant Primary Care Trust (PCT), with further recourse to the Parliamentary and Health Service Ombudsman if an individual is unhappy with the outcome of their complaint.  You might therefore receive a more meaningful response to this part of your Freedom of Information request to PCTs directly, or to the Ombudsman itself. 

 

Contact details for all NHS Trusts are available online at: www.nhs.uk/ServiceDirectories/Pages/AcuteTrustListing.aspx.  The Ombudsman can be contacted using the following details:

 

The Parliamentary and Health Service Ombudsman
Millbank Tower
Millbank
London
SW1P 4QP

 

Email: xxxx.xxxxxxxxx@xxxxxxxxx.xxx.xx

Fax: 0300 061 4000

 

3. You ask about legal action against chemists and pharmacies that overcharge.  In the case of an NHS prescription, you could complain to the pharmacy manager and/or the local PCT.  However, a private prescription is a retail transaction.  As such, if your question on overcharging relates to private prescriptions, you may wish to redirect your query to the Department of Business, Innovation and Skills using the following contact details: 

 

Department of Business, Innovation and Skills
1 Victoria Street
London

SW1H 0ET

 

Email: xxxxxxxxx@xxx.xxx.xxx.xx

 

If you have any queries about this response, please contact me.  Please remember to quote the reference number above in any future communications.

 

I hope this reply is helpful.  If you are dissatisfied with the handling of your request, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date of receipt of the response to your original letter and should be addressed to:

   

Head of the Freedom of Information Team

Department of Health

Room 317

Richmond House

79 Whitehall

London

SW1A 2NS

  

Email: xxxxxxxxxxxxxxxxxxxx@xx.xxx.xxx.xx

 

If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner’s Office (ICO) for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by the Department.  The ICO can be contacted at:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Yours sincerely,

 

Aimee Gasston

Freedom of Information Officer

Department of Health