High Court decision based on access to emergency contraception over relocation of pharmacy.

A city centre branch of Superdrug was at the centre of the debate which can currently be found in a shopping centre, Intu Derby. The plans were to move the pharmacy from the shopping centre to a GP surgery which is 600 metres from the current site. 

 

The NHS however, blocked the move based on grounds of accessibility to the surgery for women looking for emergency contraception. The NHS panel revising the case also commented on the fact that the route to the proposed location would mean that patients would have to pass a night shelter where the concern raised is that some women might be deterred from visiting as to avoid antisocial behaviour such as begging that might occur on route.

 

Community Pharmacies (UK) Ltd is the company behind the plans to move. It challenged the NHS's blockage of the move in the High Court before Mr Justice Langstaff[1]. During the hearing, the judge said that the NHS was more than entitled to make the decision it made taking into account the particular needs of women who need emergency hormonal contraception. For time, women have been used to getting the "morning after pill" from the Superdrug store, and the judge said that the move could make emergency contraception "significantly less accessible". The challenge brought fourth by the company was therefore dismissed. 

 

A partner who specialises in pharmacy law at Charles Russel Speechlys in London, David Reissner said that it was the first time that the High Court had taken the meaning of "patient groups" into consideration as well as what the NHS should consider when deciding whether to grant relocation applications or not.

 

“If any one group finds the new location significantly less accessible, the application must be refused, as it was here,” Reissner said.

 

We see this as a good result, the law is on the side of the patient, putting the patients best interests first.