Society criticised despite winning High Court appeal
Manchester pharmacist Allan Stuart Black was rightly
struck off by the
Royal Pharmaceutical Society's Statutory Committee earlier this year,
a High Court judge has ruled (PJ, 16 April, p468). However, the judge
criticised the Society for treating him unfairly despite dismissing Mr
Black's appeal.
Mr Black, who was superintendent pharmacist of Formans (Chemists) Ltd,
over-claimed £52,000 from the Prescription Pricing Authority after
getting in a muddle when his marriage broke down. Formans has fully repaid
the over-payment. Mr Black was never accused of dishonesty, but Mr Justice
Collins said that his conduct remained too serious to be dealt with by
only a reprimand despite unfairness in the way he had been dealt with
by the Society.
The mother of the patient who was prescribed the drug was to have given
evidence in Mr Black’s support at a Statutory Committee hearing
in January. But she had told the Society by fax two days before the hearing
that she could not attend. Mr Black and his legal team were not informed
she could not attend until the day of the hearing.
Mr Justice Collins observed: “The manner in which the respondent
(the Society) dealt with the problem caused by Mrs J’s inability
to attend merits severe criticism.”
The judge said that the absence of dishonesty on Mr Black’s part,
his previously flawless reputation and the fact that his error did not
put any patient at risk would normally have made suspension from the
Register, rather than erasure, the appropriate sanction. However, the
judge said that the Society had no power to suspend pharmacists.
The judge said: “Serious though his misconduct was, I think that
he should be given the opportunity to seek reinstatement before the usual
three-year period has elapsed. I would recommend that favourable consideration
should be given to an application for reinstatement made once 12 months
have elapsed.”
Mandie Lavin, the Society’s director of fitness to practise and
legal affairs, said: “We are pleased the judge has upheld the decision
to remove the appellant from the Register. We are also pleased the judge
has recognised the current limitations to our legislation and we have
been working hard to formulate legislation to enable us to discharge
our duties as a modern regulator. We will be reviewing our arrangements
for summoning witnesses in the light of the judge’s comments. We
are currently reviewing all our procedures
in preparation for our new Section 60
requirements.” |
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