A branch of Jhoots Pharmacy in Bolton has successfully appealed against a decision to remove it from the pharmaceutical list after it was found to have opened on just 11 days over a period of six months and dispensed medicines on just five of those days. 

The Jhoots branch, which is located in medical centre Lever Chambers for Health on Ashburner Street and has been owned by the multiple since July 2021, had been warned on September 2, 2024 by commissioner NHS Greater Manchester (NHSGM) that steps were being taken to remove it from the Bolton Health and Wellbeing Board’s pharmaceutical list. 

Writing to the company’s owners, NHSGM complained that its primary care manager had visited the premises along with an NHS England clinical adviser on July 2 and found both the shutters and entrance door closed “with no signposting to patients seen” and “little in way of stock,” although medicines ready for dispensing were “visible from the window”. 

‘Failure to provide assurances’

The July visit followed extensive communication over several months between NHSGM and Jhoots management over problems at the branch, with the commissioner complaining that despite being issued a final remedial letter the company had “yet to provide any assurances nor fulfil any of the actions given and stated on March 28, 2024”. 

Jhoots representatives had offered verbal assurances “that the correct reporting process would be followed in future” and that steps were being taken to ensure adequate staffing for the provision of essential services throughout the store’s contracted hours, but by September NSHGM was still not satisfied the company had dealt with these issues. 

“The pharmacy has reportedly temporarily suspended the provision of pharmaceutical services on numerous occasions during its contracted hours over a prolonged period of time,” said NHSGM, which heard from staff at the adjoining medical centre that the pharmacy “has been closed for several months escalating from February 5, 2024”. 

It added: “However, the pharmacy has failed to report to NHS Greater Manchester. It is therefore not known if these temporary service suspensions are for reasons beyond the control of the contractor.” 

Jhoots wrote to the commissioner on July 20 explaining that it had “instructed legals” and planned to “take over the store legally back” later that month, but in a subsequent email said a pharmacist employed at the branch “wasn’t yet fully registered”. 

‘Pharmacy IT system down’

In October, lawyers for the company wrote to appeals body NHS Resolution to contest NHSGM’s decision to remove the branch from the pharmaceutical list. 

The Temple Bright LLP lawyers said NHSGM had relied on regulation 74 of the NHS (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013, which states that a contractor may be removed from the list if it “has not, during the preceding six months, provided pharmaceutical services” from the premises. 

However, Temple Bright argued, the regulations do not set a minimum threshold – and the responsible pharmacist register showed that a responsible pharmacist was present and signed in at the branch on 11 dates between March 1 and October 1, with the last of these in August. 

“The pharmacy was therefore open and available for the provision of NHS pharmaceutical services on those dates,” the appeal stated, adding that for five of these dates PMR records showed that supplies of prescribed NHS medication were made and that on some dates in April prescriptions could not be processed because “the pharmacy’s IT system was down”. 

Considering the appeal, NHS Resolution accepted this evidence and on December 19 decided to overturn NHSGM’s decision, although it criticised the company for “unfortunate” delays in providing written evidence concerning the provision of services “albeit only on a limited number of days”.

"Should circumstances change, I would add that nothing in this determination prevents the Commissioner from considering the removal of the Appellant’s premises again," NHS Resolution's head of appeals added.

Both Jhoots and NHSGM have been approached for comment.