COvER STORy Where does Pharmacy go from here?
Disappointment and frustration reign supreme as Community Pharmacy Northern Ireland (CPNI) announced they had been unsuccessful in the Judicial Review taken against the Department of Health, Social Services and Public Safety (DHSSPS).
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ismissing the case brought, Mr Justice Treacy ruled: "There is no basis whatsoever upon
which the applicant can establish a legitimate expectation that interim payments would continue beyond 2012/13."
He also rejected the claim for a declaration that the department is failing to offer fair and reasonable payments.
With no conclusion reached on what the final level of remuneration will be, the judge held there was no evidence to support CPNI's suggestions.
Dismissing the application and awarding costs against CPNI, he said: "I am satisfied that the department now has sufficient evidence at its disposal to enable it to make lawfully the interim decisions which are the subject of the present challenge."
The Cost of Service Inquiry has finally begun and all this is happening with the background of severe cuts announced in England and the threat of a rationalisation of the network following their COSI.
Review on Lawfulness “It is disappointing that the legal challenge was unsuccessful, a Judicial Review involves a review of the way decisions have been made,” said Chief Executive Gerard Greene.
“The judgment does not involve a ruling that community pharmacy owners are actually receiving fair and reasonable remuneration. Indeed, at the time of the court hearing, the DHSSPS and the Health and Social Care Board had not completed a cost of service inquiry, so they had no real means of knowing if fair and reasonable remuneration was and is being paid.
“Following pressure from CPNI, including bringing the judicial review proceedings, the Department have now belatedly started a cost of service inquiry which is the key element required in efforts to secure fair and reasonable remuneration for contractors. CPNI will now look at
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other avenues to seek a resolution as we can't ignore the financial hardship, pressures and uncertainty that is being experienced in the pharmacy network as a result of the lack of funding.”
NPA Chairman, Ian Strachan stated, “We are disappointed by the outcome of these legal proceedings but it’s worth remembering that a Judicial Review is a review of the lawfulness of a decision, and not in this case any indication of fair and reasonable remuneration for community pharmacy contractors.
“We are encouraged that DHSSPS has initiated a cost of service inquiry and the NPA urges members to participate in the completion of this inquiry by 18 March 2016. It is important that the survey is completed to a high standard to ensure the true costs of the community pharmacy network can be established – so that accurate information sits behind a calculation of fair and proportionate payment for pharmacy services.
“We remain frustrated that a lack of progress within the current commissioning system has negatively impacted provision of care through community pharmacy and has placed undue pressure on many of our members, threatening the long-term sustainability of community pharmacy in Northern Ireland.
“I really hope that pharmacists and pharmacy staff in Northern Ireland won’t lose heart. Everyone in the sector should be proud about what they do for patients, and positive about what more can be achieved, despite the many obstacles in their way.”
Anne McAlister, NPA Representation Manager in Northern Ireland, added, “Community pharmacy is the most accessible healthcare provider, available without appointment to offer expert medicines advice. It is our hope that negotiations will continue to enable the full use of the community pharmacy workforce who we believe can support the NHS to deliver the best possible patient outcomes and who can also relieve the current
“The protracted negotiations for a core pharmacy contract are in sharp contrast with the changes happening within primary care: pharmacists in GP practices, the HSCB closing and the continued development of Integrated Care Partnerships. Add to this the inception of the Medicines Optimisation strategy and it becomes obvious that all these developments should be viewed as opportunities for community and primary care pharmacy, as opposed to threats”
pressures on GP’s and emergency care services.”
Left in Limbo UCA President, Cliff McElhinney, used his speech at the Pharmacy in Focus Awards and President’s Ball to call on
the opposing bodies negotiating the pharmacy contract to put their differences aside.
“Northern Ireland pharmacists have been left in relative limbo by the total failure of the health board and our
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