FOI-03285

Thank you for your request for information about the following: 
 
##Request 
 
<i>1.    How much money was lost due to unpaid penalties in the below years and how much of this has been recovered? Please make a CSV with the titles: Year; Unpaid Penalties (£) and Amount Recovered (£) and each row representing the financial year  from 2017/18 - 2024/25.

2.    What was the main reason for debt build up between 2014/15- 2017/18? (information taken from the Pharmaceutical Journal article dated 14/05/2019-  https://pharmaceutical-journal.com/article/news/nhs-patients-owe-246m-in-unpaid-penalties-for-prescription-charge-exemption-errors) 

3.    Is the unpaid penalty data split by specific pharmacy brands (e.g Lloyds, Boots) and dental practices (Rodericks, mydentist)? If so, can you provide this information? 

4.    Do you financially penalise practices/ pharmacies if they make multiple errors in eligibility for free prescriptions/ not validating patients at the time of collecting prescriptions?  

5.    What percentage of the recovered debt does NHS BSA keep? 

6.    What are the accepted exceptional* reasons for making a fraudulent declaration on a prescription? *not a typical reason for eligibility of free prescriptions

7.    What percentage of prescription validation have NHS BSA completed so far for financial year 2025/26?</i>
 
The NHS Business Services Authority (NHSBSA) received your request on 20 October 2025. 
 
On 17 November 2025, you clarified your request as follows: 
 
<i>To clarify, with prescription validation I am referring to the processing of prescription information for payment and data management and ensuring the information is correct.</i>
 
We have handled your request under the Freedom of Information Act 2000 (FOIA). 
 
##Our response 
 
<b>Question 1 – How much money was lost due to unpaid penalties in the below years and how much of this has been recovered?</b> 
 
A copy of this information is attached. The data includes debt for the Dental Exemption Checking Service (DECS) and Prescription Exemption Checking Service (PECS). 
 
<b>Question 2 – What was the main reason for debt build up between 2014/15- 2017/18? (information taken from the Pharmaceutical Journal article dated 14/05/2019</b>
 
Following a search of our paper and electronic records, I have established that the information you requested is not held by the NHSBSA. Answering this question would involve an analysis to understand the reasons for “debt build up” and this would involve creating new information, rather than relying information which we hold. 
 
<b>Question 3 – Is the unpaid penalty data split by specific pharmacy brands (e.g Lloyds, Boots) and dental practices (Rodericks, mydentist)? If so, can you provide this information? </b>  
 
A copy of this information is attached. There are separate spreadsheets, one for prescription Penalty Charge Notice (PCN) related debt and another for dental PCN related debt. 
 
Please note that the pharmacies/dental practices are not liable for the debts, it is the patient's responsibility to ensure that they are entitled to free prescriptions or dental treatment. The breakdown simply shows the source of the prescription/dental treatment which later resulted in a penalty charge. 
 
<b>Question 4 - Do you financially penalise practices/ pharmacies if they make multiple errors in eligibility for free prescriptions/ not validating patients at the time of collecting prescriptions? </b>
 
This is not a request for recorded information, and therefore this information is not held, however we can advise that pharmacies are not penalised for penalty charges. All PCNs are sent to the patient. 
 
<b>Question 5 – What percentage of the recovered debt does NHS BSA keep? </b>
 
The NHSBSA retains 0% of money received from PCNs. The monies received are returned to the NHS. 
 
<b>Question 6 – What are the accepted exceptional* reasons for making a fraudulent declaration on a prescription? *not a typical reason for eligibility of free prescriptions </b>
 
I can confirm that the NHSBSA holds the requested information; however, the requested information contains information which could be used to avoid paying charges and therefore commit fraud.   
  
This information is exempt under section 31(1)(a) of the FOIA (law enforcement) as disclosure would prejudice the prevention or detection of crime.   
  
Section 31 is a qualified, prejudice-based exemption and is subject to the public interest test. This means that not only does the information have to prejudice one of the purposes listed, but before the information can be withheld, the public interest in preventing that prejudice must outweigh the public interest in disclosure.   
  
##Public Interest Test: 

<b>Considerations in favour of disclosure:</b> 

•	Public interest in openness and transparency of public authority dealings.  

•	Contribute to public understanding of the NHSBSA’s procedures and actions regarding dental and prescription charges and penalty charge notices. 

<b>Considerations against disclosure:  </b>

•	Public interest in avoiding prejudice to the prevention or detection of crime.  

•	The legal duty to ensure that fraud is prevented against services provided by the NHSBSA.   

•	Releasing the information would provide the public with information which could be used to avoid paying charges and therefore commit fraud.   

•	There would be a financial impact to the NHS if correct charges are not being paid.   
 
 
<b>Conclusion: </b>

The NHSBSA recognises that there is a public interest in disclosure of the information to promote transparency and assurance of NHSBSA's exemption checking service processes. The NHSBSA releases Knowledge Base articles publicly which provide information and transparency regarding penalty charges. These Knowledge Base articles coupled with information already in the public domain (https://www.nhsbsa.nhs.uk/nhs-penalty-charges-and-enquiry-letters), contribute to public transparency and understanding of the service.  
 
However with regard to the requested information, the public interest in maintaining the exemption outweighs the public interest in disclosing the information, as more weight is afforded to the arguments outlined above to avoid prejudice to the prevention or detection of crime.   
  
Please see the following link to view the section 31 exemption in full 
 
https://www.legislation.gov.uk/ukpga/2000/36/section/31  
 
<b>Question 7 – What percentage of prescription validation have NHS BSA completed so far for financial year 2025/26?</b> 
 
Information on validations is not recorded as a percentage. General information on validation can be found at the below web link including how validation works in prescription services. 
 
https://www.nhsbsa.nhs.uk/pharmacies-gp-practices-and-appliance-contractors/payments-and-pricing/how-we-process-prescriptions  
 
##Data Queries 
 
Please contact <a href="mailto: foirequests@nhsbsa.nhs.uk">foirequests@nhsbsa.nhs.uk </a> ensuring you quote the above reference if you have any specific questions regarding this response; or, if you feel you may be misunderstanding or misinterpreting the information; or, if you plan on publishing the data. 

##Reusing the data and copyright 
 
If you plan on producing a press or broadcast story based upon the data please contact <a href="mailto: communicationsteam@nhsbsa.nhs.uk">communicationsteam@nhsbsa.nhs.uk</a>. This is important to ensure that the figures are not misunderstood or misrepresented. 
 
The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988 and is subject to NHSBSA copyright. This information is licenced under the terms of the Open Government Licence detailed at: 
 
http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/  
 
Should you wish to re-use the information you must include the following statement: “NHSBSA Copyright 2025”. Failure to do so is a breach of the terms of the licence. 
 
Information you receive which is not subject to NHSBSA Copyright continues to be protected by the copyright of the person, or organisation, from which the information originated. Please obtain their permission before reproducing any third party (non NHSBSA Copyright) information. 

Tags: Contract, Prescribing, Prescription Exemption Checking Services, Prescription Exemptions
Organization: Freedom of Information Disclosure Log