The Pharmaceutical Journal
Vol 277 No 7422 p461
14 October 2006

Society summary

Statutory Committee confirms its decision not to hear delayed cases

The Statutory Committee of the Royal Pharmaceutical Society has confirmed that it will not normally inquire into cases arising from convictions or alleged misconduct that come to the Society's attention more than four years after the event.

The ruling, which takes immediate effect, is set out in a practice direction issued by the chairman, Lord Fraser of Carmillie, on 28 September. It follows a decision earlier this year to stay a case concerning a pharmacist’s conviction for dishonesty eight years ago (PJ, 9 September, p319).

The practice direction, headed “The holding of inquiries in circumstances in which delay is alleged”, reads as follows:

“1. Where allegations have been notified to the Society by the Pharmaceutical Fraud Team at the Counter Fraud Service (‘the CFS’) or any authority responsible for the licensing of medicines or the regulation of health care professionals (‘the authority’), and the Society is notified on a date which is more than four years after the latest date on which the allegations first came to the attention of the CFS or authority, the Statutory Committee will not hold an inquiry into the case.

“2. Where the Society is made aware of convictions received by a registrant, and the date on which the Society is made so aware, is more than four years from the date on which such convictions were received by that registrant, the Statutory Committee will not usually hold an inquiry into the case.

“3. Where the Society is made aware of allegations of misconduct, and the date on which the Society is made so aware is more than four years from the date on which the allegations first came to light, the Statutory Committee will not usually hold an inquiry into the case.

“4. Notwithstanding paragraphs 2 and 3 above, there may be exceptional circumstances in which the public interest, or the interests of the profession, require that an inquiry should be held. In cases of this kind, the chairman will consider any written representations from the parties as to whether or not to order that an inquiry should be held, before making his decision.

“5. Where it is claimed that the Society, in respect of its handling of a case after being made aware of an allegation of misconduct, has itself caused delay, the Statutory Committee will decide whether to hold or to continue with an inquiry on a case by case basis, in accordance with the prevailing case law and after considering any representations from the parties.”