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The Labour MP Sadik Al-Hassan has asked the NHS Counter Fraud Authority (NHS CFA) to investigate allegations Jhoots pharmacies submitted dispensing payment claims for medicines that were not dispensed.

Al-Hassan (pictured) told Independent Community Pharmacist he “referred concerns” to the NHS CFA about “reports of alleged irregularities in claims for NHS drug dispensing” at the pharmacy chain.

Jhoots did not respond when asked for comment and the NHS CFA told ICP it “never discloses whether or not it is investigating individuals or organisations”.

In a post on Linkedin on Friday, Al-Hassan, who has voiced concerns about service levels at Jhoots pharmacies in his constituency of North Somerset, said he met with the NHS CFA in parliament to discuss “urgent regulatory concerns affecting pharmacy business owners”.

“With ongoing issues at Jhoots pharmacies in Portishead and nationwide, these conversations were both timely and essential,” he posted. “The NHS CFA does vital work protecting our health service and they deserve our full support.”

Al-Hassan told ICP he has not had any discussions about the allegations with the NHS Business Services Authority (NHS BSA), which processes pharmacies’ claims for dispensing payments.

An NHS BSA spokesperson said it does not comment "on individual pharmacy contractors or pharmacies" but added: “When claims are submitted, evidence is reviewed in line with the service specification or drug tariff. If the evidence provided does not match the claims made, we share our findings with NHS England. If appropriate, we may also make NHS Counter Fraud Authority aware."

Al-Hassan did not say if he asked the NHS CFA to only investigate reports in his constituency or open a national investigation into Jhoots, some of whose branches across England and Wales have reportedly closed with little warning and not had a pharmacist on the premises, leaving patients without their medicines.

Reports have also emerged that Jhoots failed to pay staff, in some cases for as long as three months.

In an urgent question in parliament last week, the Liberal Democrat MP Edward Morello urged the health minister Stephen Kinnock to reveal what discussions had taken place with the NHS BSA, the General Pharmaceutical Council “and other regulators about Jhoots’ business practices”. Kinnock said the Government was looking into the chain’s “suitability to operate”.

Jhoots silent on claims controlled drugs were removed

Morello also alleged controlled drugs in Jhoots pharmacies had been “removed without proper documentation or process, which if proven true may constitute a breach of the Misuse of Drugs Act 1971”. Jhoots did not respond when approached for comment.

Al-Hassan said: “The recent urgent question in parliament indicates the seriousness of the situation. The failure of Jhoots to fulfil their duty to care for their own staff and patients represents a stain on the reputation of community pharmacy.

“My constituents have been negatively impacted by the poor provision first-hand and (on October 15), I urged (Kinnock) to act with speed to resolve the regulatory gaps that allowed this situation to develop.”

Jhoots, which has 153 pharmacies in the UK, has said the 20 or so branches owned by Manjit Jhooty through his companies Pasab Ltd and Jhoots Healthcare are “fully functional and continue to deliver services to the communities they serve”. The other 130 pharmacies are owned by Sarbjit Jhooty.

Legal expert: power to remove NHS contract is rarely used

David Reissner, chair of the Pharmacy Law and Ethics Association, said integrated care boards (ICBs) can serve a remedial notice or breach notice on a pharmacy failing to comply with its terms of service, such as meeting its opening hours.

“This power has been used when pharmacies have closed because a pharmacist failed to turn up, perhaps because of illness,” he told ICP.

“NHS Resolution has adopted a firm line when dealing with appeals, taking the view that pharmacies should make their arrangements so that closures can be avoided.”

Reissner also said ICBs can remove a pharmacy’s contract if it commits repeated breaches “and is likely to persist in breaching it without good cause.”

“Removal must be justifiable and proportionate,” he said. “Proportionality is a high bar to justify removal when one considers the financial impact on a pharmacy owner. This probably explains why the power is rarely used.”

Image: www.parliament.uk