Thank you for your request for information about the following:

Request

‘I wish to know how many NHS Penalty Charge Notices are subject to court action.

I would also like to know what other measures are taken to try to recover money after the Penalty Charge Notice is issued. I would like this information to cover the dates from 2000-present day.

Please also supply the following information:

1. How many nhs patients have been taken to court for non payment of penalty notices?

2.How many files have you submitted to the CPS in the past?


1. How many successful prosecutions have there been? 5. On what statutory basis / for what crime are people prosecuted?


2. Have you issued county court proceedings for the recovery of a Penalty Charge Notice for any patients? If so, in how many cases?


3. How is the money recovered from patients who do not pay the penalty, prescription charge, or surcharge but are not prosecuted by the CPS?


4. What percentage of Penalty Charge Notices are (a) paid in full, (b) not paid without the patient appealing, (c) appealed?


5. What percentage of appeals are successful?


6. Of successful appeals, what percentage are on the basis of existing entitlement at the time, and what percentage are on the basis of exceptional reason why the patient did not have to pay at the time?’

[On 4 April 2025 you clarified your request as follows]

‘I would like this information for both the Prescription Exemption Checking Service (PECS), and the Dental Exemption Checking Service (DECS).’

The NHS Business Services Authority (NHSBSA) received your request on 27 March 2025.

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

Our response

Please note, criminal investigations were paused in March 2020 and only resumed fully during the 2024/25 financial year.

For questions 7, 8 and 9, the data provided includes all PCNs issued for PECS (2014) and DECS (2016) including PCNs issued on the 14th April 2025, this means payments and successfully appealed % will change if the data is requested again.

Question 1 - How many nhs patients have been taken to court for non-payment of penalty notices?

1

Question 2 - How many files have you submitted to the CPS in the past?

1

Question 3 - How many successful prosecutions have there been?

1

Question 4 - On what statutory basis / for what crime are people prosecuted?

We investigate cases against Section 194 of the National Health Service Act 2006 (linked below); however it is the decision of the CPS which charges they apply.

https://www.legislation.gov.uk/ukpga/2006/41/section/194

Question 5 - Have you issued county court proceedings for the recovery of a Penalty Charge Notice for any patients? If so, in how many cases?

We do not currently take civil action.

Question 6 - How is the money recovered from patients who do not pay the penalty, prescription charge, or surcharge but are not prosecuted by the CPS?

Money is recovered via voluntary repayment plans or via a third-party debt collection agency.

Question 7 - What percentage of Penalty Charge Notices are (a) paid in full

We can provide the percentage of PCN’s which are paid in full.

This percentage excludes anyone who is currently paying via Direct Debit or a self-managed plan. It also includes cases in which the penalty has been eased and only the prescription or treatment charge recovered.

27.42% of PCNs issued have resulted in a full payment being made

(b) not paid without the patient appealing, (c) appealed?

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 NHSBSA. We do not hold the number of unsuccessful appeals, so therefore cannot give this percentage.

Question 8 - What percentage of appeals are successful?

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 NHSBSA. We do not hold the number of unsuccessful appeals, so therefore cannot give this percentage.

Question 9 - Of successful appeals, what percentage are on the basis of existing entitlement at the time, and what percentage are on the basis of exceptional reason why the patient did not have to pay at the time?

80.03% of successful appeals are made based on existing entitlement.

19.97% of successful appeals are based on exceptional reasons.

Data Queries

Please contact foirequests@nhsbsa.nhs.uk ensuring you quote the above reference if you have any specific questions regarding this response; or, if you feel you may be misunderstanding or misinterpreting the information; or, if you plan on publishing the data.

Reusing the data and copyright

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 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.