FOI-03663

Thank you for your request for information about the following: 
 
##Request 
 
<i>I would like to request the following information relating to NHS dental Penalty Charge Notices. 
  
The total number of NHS dental Penalty Charge Notices issued. 
The total monetary value of penalties issued. 
The number of appeals or challenges submitted. 
The number and percentage of penalty charges cancelled following appeal or review. 
The number of cases where penalties were removed following manager review. 
  
Any guidance used by NHSBSA staff when considering discretion or exceptional circumstances in penalty charge cases. 
  
Aggregate data showing appeal outcomes by age group (for example: under 65, 65-79, 80). </i>
 
The NHS Business Services Authority (NHSBSA) received your request on 9 March 2026. 
 
We requested clarification on 17 March 2026: 
 
<i>I am writing to ask you to clarify your request. This is because we need further details from you in order to identify and locate the information.  
  
Therefore I would be grateful if you would clarify what time period your request is for.</i> 
 
You responded on 17 March 2026: 
 
<i>I would like to clarify that my request relates to the most recent three full financial years available (for example, 2022/23, 2023/24, and 2024/25, or the latest equivalent period for which data is held). 
 
For that period, please provide the information previously requested. 
If any part of the request would exceed cost limits, I would be grateful if you could provide the information for the most recent single financial year available instead.</i>
 
We have handled your request under the Freedom of Information Act 2000 (FOIA).   
 
##Our response 
 
I can confirm that the NHSBSA holds some of the information you have requested and a copy of the information is attached. 
 
The information that we do hold is: 
 
* The total number of NHS dental Penalty Charge Notices issued. <br>
* The total monetary value of penalties issued.<br> 
* The number and percentage of penalty charges cancelled following appeal or review. Please note that we have provided: Total Exemption Confirmed, Cancelled and Eased cases for this. 
 
Please read the notes to ensure your correct understanding of the data. 
 
The number of appeals or challenges submitted and the number of cases where penalties were removed following manager review 
 
I am writing to advise you that following a search of our paper and electronic records, I have established that the information you requested is not held by the NHSBSA. This is because we do not capture this information. 
 
Any guidance used by NHSBSA staff when considering discretion or exceptional circumstances in penalty charge cases.   
 
I can confirm that the NHSBSA holds the requested information; however, the requested documents contain information which could be used to avoid paying charges and therefore commit fraud. 
 
This information is exempt under Section 31(1)(a) of the Freedom of Information Act (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: 
 
##Considerations in favour of disclosure: 
 
* Public interest in openness and transparency of public authority dealings. <br>
* Contribute to public understanding of the NHSBSA’s procedures and actions regarding dental and prescription charges and penalty charge notices. 
 
##Considerations against disclosure: 
 
* Public interest in avoiding prejudice to the prevention or detection of crime.<br>
* The legal duty to ensure that fraud is prevented against services provided by the NHSBSA.<br>
* Releasing the documents would provide the public with information which could be used to avoid paying charges and therefore commit fraud.<br>
* There would be a financial impact to the NHS if correct charges are not being paid. 
 
##Conclusion: 
 
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 (links to these are given below under Advice and assistance). These Knowledge Base articles coupled with information already in the public domain (contribute significantly to public transparency and understanding of the service. However, regarding the requested documents, 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. 
 
To read Section 31 exemption in full: -https://www.legislation.gov.uk/ukpga/2000/36/section/31  
 
##Advice and assistance 
 
The NHSBSA publishes information on understanding penalty charges, including information related to how penalty charges are calculated, how to respond to them, how to challenge them, and who to contact for more information. 
 
This information is available from the following links: 
 
* https://www.nhsbsa.nhs.uk/nhs-penalty-charges-and-enquiry-letters  <br>
* https://www.nhsbsa.nhs.uk/understanding-penalty-charges  <br>
* https://www.nhsbsa.nhs.uk/respond-your-letter  
 
##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 2026”. 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: Penalty Charge Notice
Organization: Freedom of Information Disclosure Log