FOI-02463

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Freedom of Information Disclosure Log

The NHSBSA's responses to Freedom of Information requests. read full version of description

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Open Government Licence 3.0 (United Kingdom) [Open Data]

FOI-02463

Thank you for your request for information about the following:

Request

‘In a previous FoI response [Ref: 29912] you supplied a series of tables relating to the number of prescriptions issued for antidepressant medicine (BNF 4.3) and painkillers (BNF 4.7).

Could you please supply me with a similar set of tables but relating to the number of prescriptions issued in 2023.’

The NHS Business Services Authority (NHSBSA) received your request on Tuesday 24 December 2024.

We have handled your request under the Freedom of Information Act (FOIA) 2000.

Our response

Question 3

Fewer than five

Please be aware that I have decided not to release the figures where the total number of individuals falls below five. This is because individuals could be identified, especially when combined with other information that may be in the public domain or reasonably available.

This information falls under the exemption in section 40(2) of the FOIA 2000 and is an absolute, prejudice-based exemption and is therefore exempt if disclosure would contravene any of the data protection principles.

For disclosure to comply with the lawfulness, fairness, and transparency principle, we need either the consent of the data subject(s) or there must be a legitimate interest in disclosure. Additionally, the disclosure must be necessary to meet the legitimate interest, and finally, the disclosure must not cause unwarranted harm.

As we do not have the consent of the data subject(s), the NHSBSA is therefore required to conduct a balancing exercise between legitimate interest of the applicant in disclosure against the rights and freedoms of the data subject(s).

The NHSBSA acknowledges that you have a legitimate interest in disclosure of the information to provide the full picture of the requested data held by us. However, we have concluded that disclosure of the requested information would cause unwarranted harm and therefore, section 40(2) is engaged. This is because there is a reasonable expectation that patient data processed by the NHSBSA remains confidential.

Select the link to see the exemption in full: www.legislation.gov.uk/ukpga/2000/36/section/40

Breach of confidentiality

Please note that the identification of individuals is also a breach of the common law duty of confidence. An individual who has been identified could make a claim against the NHSBSA for the disclosure of the confidential information. 

This information is exempt under section 41 of the FOIA (information provided in confidence). This is because the requested information was provided to the NHSBSA in confidence.

For Section 41 to be engaged, the following criteria must be fulfilled:

the authority must have obtained the information from another person,

its disclosure must constitute a breach of confidence,

a legal person must be able to bring an action for the breach of confidence to court, and

that court action must be likely to succeed.

The NHSBSA can confirm that the information has been obtained from a third party and that subsequent disclosure of that information would constitute a breach of confidence. In addition, disclosure could result in a legal person being able to bring court action due to a breach of confidence.

Select the link to see the exemption in full: https://www.legislation.gov.uk/ukpga/2000/36/section/41

Remaining questions

I can confirm that the NHSBSA holds the information you have requested and a copy of the information and is attached.

Please read the notes to ensure correct understanding of the data.

Data Source

The data source was the NHSBSA Data Warehouse.

Time Period

The period covered is the calendar year January 2023 to December 2023.

Limitations

Prescribing in this data is limited to England only.

Limited to drugs prescribed in the BNF Sections 0403 - Antidepressant drugs and BNF Section 0407 - Analgesics.

Please note that the BNF section does not guarantee the clinical indication.

Results are limited to items that have been reimbursed by the NHSBSA, omitting any items flagged as "Not Dispensed (ND)", "Returned Back (RB)" or "Disallowed (DA)"

Patient Ages

Age Bands are based on the patient’s age as captured during NHSBSA processing for reimbursement. Patients may appear in more than one age band if they have prescribing in more than one.

The age cannot be captured from all prescription forms and these patients are recorded as in the age band "Unknown".

Patient Count is based on a distinct count of NHS number as captured from the prescription. Where patients could not be identified, the patient count will be recorded as 'Unknown'.

Items

Items shows the number of times a product appears on a prescription form and not the quantity prescribed.

Net Ingredient Cost (NIC)

Net Ingredient cost (NIC) is the basic price of a drug as stated in the Drug Tariff’s Part II Clause 8, but please note that where a price concession for items listed in Part VIIIA of the Drug Tariff has been agreed between the Department of Health and Social Care (DHSC) and the Pharmaceutical Services Negotiating Committee, the NIC will reflect the concession price rather than the Drug Tariff price.

Patient List Size

List Size for the year is calculated as the average of the 12 monthly list sizes.

A list size for a Sub-ICB Location (SICBL) is based on sum of the list sizes of the GP practices within that SICBL.

Data Queries

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

Reusing the data and copyright

If you plan on producing a press or broadcast story based upon the data, email: 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 2025” Failure to do so is a breach of the terms of the licence.

Information you receive which is not subject to NHSBSA Copyright continues to be protected by the copyright of the person, or organisation, from which the information originated. Please obtain their permission before reproducing any third party (non NHSBSA Copyright) information.

Data and Resources

Additional Info

Field Value
Source
Contact Information Governance
Version 1.0
State active
Last Updated January 27, 2025, 08:01 (UTC)
Created January 27, 2025, 07:58 (UTC)