GPhC developing a policy on its use of disqualification powers

The General Pharmaceutical Council (GPhC) has announced plans to close a limited number of disqualification cases as it begins developing a comprehensive policy to guide the use of its disqualification powers under the Medicines Act 1968.

These powers, extended in March 2018, allow the regulator’s Fitness to Practise Committee to disqualify individuals from owning pharmacies in future and remove their premises from the register. Although only a small number of cases have been opened to date, the GPhC has recognised the need for an overarching policy to support investigations and decision-making in such matters.

A review of all open disqualification cases revealed a handful in which the pharmacy owners had voluntarily removed all associated premises from the register since the cases began. While this does not prevent the GPhC from taking further action, the regulator has concluded that it would not be in the public interest to proceed with full disqualification hearings in these specific instances.

The GPhC cited several reasons for this decision:

• Without registered premises, there is currently no public risk;
• A disqualification finding would not result in the removal of premises from the register;
• Holding hearings would require significant resources, with limited impact on public protection;
• Existing information on these owners and directors can inform future registration decisions and support refusals if necessary.

By taking this approach, the GPhC believes it can continue to fulfil its overarching duty of protecting the public without proceeding to hearings in cases where one of the primary regulatory outcomes is no longer available. This method also aligns with the Professional Standards Authority’s principles of right-touch regulation, which emphasise proportionality and effectiveness in regulatory decision-making.

The Fitness to Practise Committee will now be invited to close these cases on public interest grounds, while work continues to develop a full disqualification policy.

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