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FOI release

FOI – 2025-000069 Free Of Charge Schemes (HTML)

Published on 31 March 2025

Date received – 03 March 2025 | Date responded – 31 March 2025

Request

Under the Freedom of Information Act 2000, I would like to request the following information in relation to free of charge schemes/compassionate use schemes. The schemes I am referring to are those which are in scope of the following guidance from NHS England: https://www.england.nhs.uk/long-read/free-of-charge-foc-medicines-schemesnational-policy-recommendations-for-local-systems | Publication reference: PRN00297

  • A list of all free of charge schemes which your drugs and therapeutics committee (or equivalent committee) has considered over the last 5 years, with decisions.
  • A list of all free of charge schemes which your organisation has taken part in over the last 5 years, with start and end dates.
  • How many patients have taken part in these free of charge schemes over the last 5 years.
  • The estimated cost to your organisation of all free of charge schemes which your organisation has taken part in, in terms of resourcing, staffing, storage, and any other areas, over the last 5 years.
  • The length of time it took from the first application by a clinician to take part in a free of charge scheme, to when the first patient was dosed with the treatment.

Response

We have now completed the search of our records and can provide you with the following information:

Under the Freedom of Information Act 2000, I would like to request the following information in relation to free of charge schemes/compassionate use schemes. The schemes I am referring to are those which are in scope of the following guidance from NHS England: https://www.england.nhs.uk/long-read/free-of-charge-foc-medicines-schemesnational- policy-recommendations-for-local-systems | Publication reference: PRN00297

The guidance from NHS England is not applicable to NHSScotland. However, NSS, after consultation and agreement with Health Boards’ (HBs) Area Drugs & Therapeutics Committees in Scotland, have issued guidance on Pre-Health Technology Assessment Free of Charge (Pre-HTA FOC) medicine pricing schemes, which can be viewed in the Healthcare Improvement Scotland website: Pre health technology assessment free of charge pricing scheme guidance – Healthcare Improvement Scotland

The Patient Access Scheme Assessment Group (PASAG) Secretariat within the National Procurement (NP) Directorate of NHS National Services Scotland (NSS) coordinates the review of pre-HTA FOC schemes proposed by pharmaceutical companies via this national process. It should be noted that individual HBs may have entered into agreements with companies direct and therefore under section 17 of the Freedom of Information Scotland Act, 2002 (FOISA) an organisation does nothave to provide that information if it does not hold it. NSS holds no information on any Free of Charge (FOC) schemes that may have been agreed by HBs “locally.”

  • A list of all free of charge schemes which your drugs and therapeutics committee (or equivalent committee) has considered over the last 5 years, with decisions.
  • A list of all free of charge schemes which your organisation has taken part in over the last 5 years, with start and end dates.
  • How many patients have taken part in these free of charge schemes over the last 5 years.
  • The estimated cost to your organisation of all free of charge schemes which your organisation has taken part in, in terms of resourcing, staffing, storage, and any other areas, over the last 5 years.

Under Section 33(1)(b) of FOISA “Substantial Prejudice to Commercial Interests” NHS National Services Scotland (NSS) cannot disclose this information as it is considered commercially sensitive. NSS has concluded that disclosing this information could harm the commercial interests of both NSS and our suppliers. Given the market for Free of Charge (FOC) Schemes in the UK is limited, releasing such details could provide competitors with insights into our supplier's commercial offerings, affecting future market competitiveness. Additionally, sharing this information could negatively impact NSS's ability to procure goods and services at the most advantageous prices in future.

As the Section 33(1)(b) exemption is a “qualified” exemption, a “Public Interest Test” must be carried out in order to determine if the exemption can be applied. FOISA does not define the public interest. It has been described elsewhere as “something which is of serious concern and benefit to the public”, not merely something of individual interest. It has also been described as “something that is “in the interest of the public”, not merely “of interest to the public.” In other words, it serves the interests of the public.

NSS has recognised that there is always a strong public interest in Scottish public authorities acting in an open and transparent manner, however in this case NSS has determined that there is an even stronger public interest in NSS being able to procure goods and services at the best possible value to the public purse. Therefore, on this occasion NSS has decided that the public interest lies in the withholding of this information resulting in the application of the exemption.

  • The length of time it took from the first application by a clinician to take part in a free of charge scheme, to when the first patient was dosed with the treatment.

Under Section 17 of FOISA an organisation does not have to provide that information if it does not hold it. NSS does not have access to this level of detail. You may wish to contact the local area HBs at the below addresses:

I trust you will find the information of assistance and if you require any further information, please do not hesitate to contact us.

If you are unhappy with any aspect of how we have dealt with your request, you can make representations to us asking us to review the handling of your request.

If you require any further information, please contact the Associate Director Governance and Board Services (Board Secretary) within 40 working days of the date of this correspondence.

Contact

Email: nss.foi@nhs.scot

Address

NHS National Services Scotland
Headquarters
Gyle Square
1 South Gyle Crescent
Edinburgh
EH12 9EB

If after a review you are still unhappy, you also have the right to apply to the Scottish Information Commissioner, who can be contacted at Kinburn Castle, St Andrews, Fife, KY16 9DS, or via their application form.

National Services Scotland (NSS) is committed to publishing all information released in response to Freedom of Information requests. You can view all FOI responses within our FOI Publications repository.

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