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Letters to the Editor
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Fraud in the NHS
A questionable precedent
From Mr E. Smith, MRPharmS
We would all agree that fraud in the NHS should be rooted out and punished.
The NHS Counter Fraud and Security Management Service has now signalled
its intention, with its “triple sanction approach” (PJ,
1 May, p536) to adopt a more rigorous approach and press the Royal
Pharmaceutical Society to institute disciplinary proceedings against
alleged miscreants, even if previous criminal proceedings against them
were unsuccessful. Indeed, it says it has already instigated a recent
Statutory Committee inquiry that led to a striking-off decision.
Is this not, however, setting a questionable precedent whereby the Society,
at the behest of a Government agency, may be prepared to ignore the findings
of a court of law?
It has always been my understanding that a tenet of English law is that
once a person has been found not guilty of an offence, then that verdict
cannot be undone.
Are we now to assume that the Society does not accept this principle?
Eric Smith
Knutsford,
Cheshire
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Jo Raffaitin, head of investigation, Fitness to Practise and Legal
Affairs Directorate, Royal Pharmaceutical Society, replies:
It is
not true to
say that the Society ignores findings of a court of law. However,
the Society’s remit is much wider than just criminal matters and
there is a duty to investigate professional misconduct matters. The
Society
already receives cases from other investigating bodies where criminal
proceedings have been discontinued, but allegations of professional
misconduct are made. This is not a new issue.
The standard of proof in the criminal courts is based on “beyond reasonable
doubt” whereas cases heard before the Statutory Committee are judged
against a sliding scale where the balance of probabilities is used.
Even where criminal proceedings have been discontinued, or a defendant
found not guilty, there may still be other issues of professional misconduct
that the
Society, in the discharge of its statutory duties, will still have a duty
to investigate. However, the Society could not retry a criminal offence,
for which
a defendant has been acquitted, before the Statutory Committee.
Close collaboration between the NHS Counter Fraud and Security Management
Service, the Society and the profession has lead to rapid detection, investigation
and
resolution of cases and has contributed to the recently reported 60 per
cent reduction in prescription fraud from £117m to £47m between 1999
and 2003. |
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The
Pharmaceutical Journal