Request

Q1. What is your policy when someone challenges the appeal before the 28 days and continue to challenge the policy after this period, do they automatically get an extra surcharge after the 28 days? Even though they are still in the process of the challenge.

Q2. In the past 3 years how many people have been fined for the prescription based penalty charge? I wish to get a break down of each year from 2020 to present.

Q3. What is the total amount of penalty charges for each year for the past three financial years 2020 to 2021, 2021 to 2022, 2022 to 2023?

Q4. With the proceeds of these fines how and where are those funds distributed? I wish a break down of exactly what goes to where.

Q5. How many penalty charges were issued in error for the past 3 financial years?

Q6. How many people successfully appealed the penalty charges that were not issued in error for the past three years?

Q7. How many people have taken the case to court and what was the outcome for each of these cases?

Q8. Are the staff at NHSBCA set targets or figures as to how many fines are achieved by each of them or the company?

Q9. Are any bonuses awarded for those targets?

Q10. I request a copy of any/all emails relating targets and figures set?

Q11. How many complaints have you received relating to people getting the penalty charges?

On 31 May 2023 you clarified the following

I require details around around the penalty charge as a whole and to show also the PCN. So that I can gather information on both please and show the difference between them.

Why were the penalty charges suspended during the period?

Response

Question 1

If a patient challenges the PCN the record can be locked for a period of time to investigate. While locked no further letters will be issued.

Question 2

2020 - 90,474

2021 - 1136

2022 - 212,600

2023 - 235,935

Question 3

There was no PCN’S issued in 2020/21

2021/2022 - 835554.1

2022/2023 - 45248736

Question 4

I am writing to advise you that following a search of our paper and electronic records, I have established that the information you requested is not held by the NHS Business Services Authority.

However it is possible that NHS England may hold some or all of the information you require. They can be contacted at:

NHS England

PO Box 16738

Redditch

B97 9PT

Telephone 0300 311 22 33

Email: england.contactus@nhs.net

Web http://www.england.nhs.uk/contact-us/foi/

Question 5

Letters are issued based upon the information on the prescription form. Once received a data matching exercise is instigated to find a match to an exemption. Where no match is found an enquiry letter is issued to the patient which invites them to contact us to confirm the exemption they have in place at the time of the treatment.

Question 6

There is no appeal process in place, the patient is invited to confirm their exemption if their data didn’t match. Once confirmed the case is closed.

Question 7

0

Question 8

No

Question 9

No

Question 10

N/A

Question 11

2020/2021 - 34

2021/2022 - 31

2022/2023 - 3041

Question 12

The issuing of Penalty Charge Notices (PCNs) and enquiry letters was suspended during this period, due to the Covid-19 pandemic.

Please note that this request and our response is published on our Freedom of Information disclosure log at:

https://opendata.nhsbsa.net/dataset/foi-01193

Data Queries

If you have any queries regarding the data provided, or if you plan on publishing the data please contact nhsbsa.foirequests@nhs.net ensuring you quote the above reference. This is important to ensure that the figures are not misunderstood or misrepresented.

If you plan on producing a press or broadcast story based upon the data please contact communicationsteam@nhsbsa.nhs.uk This is important to ensure that the figures are not misunderstood or misrepresented.

The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988 and is subject to NHSBSA copyright. This information is licenced under the terms of the Open Government Licence detailed at: http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

Should you wish to re-use the information you must include the following statement: “NHSBSA Copyright 2023” This information is licenced under the terms of the Open Government Licence:

http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

Failure to do so is a breach of the terms of the licence.

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