Assura seeks judicial review over three PCT refusals to award pharmacy contracts
Assura Pharmacy has sought judicial review of three decisions by the NHS not to award it contracts for community pharmacies in Tunbridge Wells, Kent, Freckleton, Lancashire and Todmorden, West Yorkshire.
Each refusal by the relevant primary care trust has already been backed by the NHS Litigation Authority’s family health services appeals unit.
The High Court heard last week that Assura applied to set up a new pharmacy in Freckleton (PDF, 90K) in March 2006, but was denied inclusion in the pharmaceutical list of Fylde Primary Care Trust, which said that there were already enough pharmacies in the area.
Assura challenged that decision, but the appeals unit concluded that the provision of pharmaceutical services and the choice of pharmacies were both adequate.
In the case of Todmorden (PDF, 70K), Assura’s application was refused by Calderdale Primary Care Trust on the grounds that the area’s two existing pharmacies meant that services were adequate, that there was sufficient choice and that a third, offering the same services, was neither necessary nor desirable.
In Tunbridge Wells (PDF, 90K), Assura was denied a contract by West Kent Primary Care Trust, although the trust granted a contract to a different company. Assura claims that the decision was based on an erroneous belief that the other company would offer better opening hours.
After a two-day hearing, the judge reserved his decision to a later date.
Assura is a recently established pharmacy company, which opened its first community pharmacy in 2006 and now operates 21 pharmacies. It specialises in co-locating pharmacies with GP practices in its own premises.
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