PFD report

Yousef Al-Kharboush and 2 others · Prevention of Future Deaths report

Pin Get email alerts Request correction

Issued 15 Nov 2024•Inner South London

Report record

Published report and response evidence

This page connects the concerns raised in this report with statements found in recipients’ published responses. A link shows a clear evidence connection; it does not assign responsibility.

View original report
Concerns
2

Raised in this report

Recipients
4

Named on the report

Responses found
4

Of 4 recipients

Stated actions
20

Described in responses

Source document

Full report text

This is the full text from the original published report.

Open published report

Concerns and recipient responses

Select any concern, action or position to view the source wording.

Report evidence summary

Concerns raised2

  1. Lack of requirements for section 10 exempt entities to report adverse-event findings to the MHRA and other relevant organisations
  2. Unclear thresholds for section 10 entity reporting to NHSE and the CQC
    Part of recurring concern: Unreliable reporting of safety-relevant information to the CQC
Responses linked to these concerns

Each statement is shown once, even when linked to more than one concern.

Actions described in response An action is something a recipient says it has done, is doing, or plans to do in response to a concern raised.9

  1. Action

    Require incidents from NHS section 10 aseptic services to enter the patient safety incident reporting route and LFPSE system.

    Stated by NHS EnglandStated completedThe respondent said that this action was complete when they made their response on 15 November 2024.
  2. Action

    Publish updated national guidance governing assurance and escalation for NHS section 10 aseptic preparation units.

    Stated by NHS EnglandStated completedThe respondent said that this action was complete when they made their response on 15 November 2024.
  3. Action

    Provide national aseptic-services risk and learning dissemination through SPS newsletters, virtual workshops and seminars for NHS staff.

    Stated by NHS EnglandStated completedThe respondent said that this action was complete when they made their response on 15 November 2024.

Respondent positions A position is what a recipient says about a concern when it does not describe a specific action.6

  1. Position

    MHRA reporting is not required because section 10 units are outside the MHRA’s regulatory mandate and scope of activity.

    Stated by NHS EnglandOutside remitThe respondent said that this matter was outside its role or authority.

Source evidence

How this individual concern was interpreted

PFD Monitor created a concise, searchable interpretation from the report wording shown below. Response links show a clear evidence connection; they do not assign responsibility.

PFD Monitor interpretation

Lack of requirements for section 10 exempt entities to report adverse-event findings to the MHRA and other relevant organisations

Wider context from the report

“(1) There is no requirement for a section 10 exempt entity to report any of its findings to the MHRA or indeed to other Trusts or the industry in general if an adverse event occurs. (2) The current reporting structures (for a section 10 entity) involve reporting to NHSE and the CQC but the threshold of necessity for such reporting appears unclear and, in essence, up to the Trust. (3) There may be times when section 10 entities reach conclusions which would assist the wider industry and help to assist both other Trusts and commercial organisations in assessing their own risks and improving the provision of highly specific medication to a group of vulnerable patients. (4) the same may also be true of commercial organisations but they have the power of the MHRA controlling and effecting recalls and actions and the wider dissemination of information. ”

Is this part of a recurring concern?

No recurring-concern membership is currently published.

Open source report

Source evidence

How this individual concern was interpreted

PFD Monitor created a concise, searchable interpretation from the report wording shown below. Response links show a clear evidence connection; they do not assign responsibility.

PFD Monitor interpretation

Unclear thresholds for section 10 entity reporting to NHSE and the CQC

Wider context from the report

“(1) There is no requirement for a section 10 exempt entity to report any of its findings to the MHRA or indeed to other Trusts or the industry in general if an adverse event occurs. (2) The current reporting structures (for a section 10 entity) involve reporting to NHSE and the CQC but the threshold of necessity for such reporting appears unclear and, in essence, up to the Trust. (3) There may be times when section 10 entities reach conclusions which would assist the wider industry and help to assist both other Trusts and commercial organisations in assessing their own risks and improving the provision of highly specific medication to a group of vulnerable patients. (4) the same may also be true of commercial organisations but they have the power of the MHRA controlling and effecting recalls and actions and the wider dissemination of information. ”

Is this part of a recurring concern?

Yes — Unreliable reporting of safety-relevant information to the CQC.

Open source report

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Require incidents from NHS section 10 aseptic services to enter the patient safety incident reporting route and LFPSE system.

Verbatim wording from the response

“In general, any NHS Trust providing aseptic services under a section 10 exemption does not need to report to the MHRA as they’re not licensed units. However, all incidents from these services will be reported via the current patient safety incident reporting route and into the NHS Learn From Patient Safety Events (LFPSE) system.”

Source location

Response from NHS England
Page 3 · response
Published 15 November 2024

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Publish updated national guidance governing assurance and escalation for NHS section 10 aseptic preparation units.

Verbatim wording from the response

“The reporting structure for section 10 units is now much clearer following the publication of the NHS England » Assurance of aseptic preparation of medicines.pdf in March 2023, and replacing the previous guidance from 1997. This guidance “applies to all NHS pharmacy aseptic facilities in England undertaking preparation of sterile medicinal products under Section 10 exemption to the Medicines Act 1968 (as amended)…”. It is my understanding that a copy of this was previously shared with the Coroner. The document outlines the escalation processes for:”

Source location

Response from NHS England
Page 3 · response
Published 15 November 2024

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Provide national aseptic-services risk and learning dissemination through SPS newsletters, virtual workshops and seminars for NHS staff.

Verbatim wording from the response

“The SPS quality assurance service issues a regular newsletter and holds virtual workshops and seminars for NHS staff to highlight risks and support in aseptic services. This does not extend to commercial manufacturers producing TPN, who can continue to seek guidance and input from the MHRA. The SPS is intended to connect NHS s.10 exempt pharmacies and share sector knowledge as part of continuous improvement and learning across that group.”

Source location

Response from NHS England
Page 4 · response
Published 15 November 2024

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Operate quarterly section 10 unit status reporting with immediate escalation of high-risk failures and serious patient safety incidents.

Verbatim wording from the response

“Quarterly unit status overview reports are routinely sent to NHSE Regional Chief Pharmacists (RCPs), the NHSE Chief Pharmaceutical Officer and CQC Medicines Optimisation. This achieves a cross sector sharing of s.10 exempt manufacturing and ensures the CQC have awareness of any high risk failings or serious incidents. This notification/reporting is not a decision made at local level by an NHS body/Trust, but forms part of the SPS oversight and escalation in place. Following implementation of the new guidance, the first of these quarterly reports was received in Jul 2024. There is immediate escalation of high-risk failings or serious patient safety incidents to the relevant RCP in the first instance.”

Source location

Response from NHS England
Page 3 · response
Published 15 November 2024

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Maintain established DMRC communication channels for sharing defective-medicine information with the NHS compounding community.

Verbatim wording from the response

“Communicating information on adverse events to other Trusts, wider industry and commercial organisations The MHRA agrees there are potential scenarios where it could be important to promptly share information about a defective medicine prepared under a Section 10 exemption, and how the risk should be minimised, with licensed manufacturers. This will be done by the MHRA using existing and established mechanisms for communicating to licence holders. In regard to the sharing of information from the licensed manufacturing sector, the MHRA has established via the DMRC lines of communication to share information regarding defective medicines with the NHS compounding community (which includes Section 10 NHS hospital pharmacies) which are in addition to the reporting of defective medicines detailed above.”

Source location

Response from MHRA
Page 4 · response
Published 15 November 2024

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Agree and implement an MoU with NHSE for routine updates and dissemination of actionable incident learning.

Verbatim wording from the response

“Accordingly, the MHRA will work with NHSE with a view to implementing a memorandum of understanding to enable appropriate categorisation and mutual dissemination of actionable safety information and learning from incidents at both an executive and operational level. The MHRA is also exploring with NHSE enabling better sharing of information with Trusts whose Section 10 NHS hospital pharmacy is under compliance monitoring by the NHS Specialist Pharmacy Services (SPS) and under the oversight of the MHRA’s IAG which, as noted above, is MHRA’s escalation route where critical failings in GMP are identified and the need for regulatory action against a licence may be required.”

Source location

Response from MHRA
Page 4 · response
Published 15 November 2024

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Explore with NHSE improved information sharing with Trusts subject to SPS compliance monitoring or MHRA escalation oversight.

Verbatim wording from the response

“Accordingly, the MHRA will work with NHSE with a view to implementing a memorandum of understanding to enable appropriate categorisation and mutual dissemination of actionable safety information and learning from incidents at both an executive and operational level. The MHRA is also exploring with NHSE enabling better sharing of information with Trusts whose Section 10 NHS hospital pharmacy is under compliance monitoring by the NHS Specialist Pharmacy Services (SPS) and under the oversight of the MHRA’s IAG which, as noted above, is MHRA’s escalation route where critical failings in GMP are identified and the need for regulatory action against a licence may be required.”

Source location

Response from MHRA
Page 4 · response
Published 15 November 2024

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Remind GPhC, PSNI and CQC of responsibilities concerning Section 10 medicines and information exchange.

Verbatim wording from the response

“The MHRA already has Memoranda of Understanding with the GPhC and PSNI and will use these (including updating, as necessary) to highlight the need to ensure formal exchange of information related to the preparation of Section 10 medicines. Similarly, the MHRA will enter into dialogue with the CQC which regulates other healthcare settings in England e.g. independent hospitals and their equivalents, as these may also prepare medicines under the Section 10 exemption and should also be included in the planned programme of increased clarification of roles and responsibilities, information exchange and learnings.”

Source location

Response from MHRA
Page 5 · response
Published 15 November 2024

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Use or update existing MoUs with GPhC and PSNI to support formal information exchange about Section 10 medicines.

Verbatim wording from the response

“The MHRA already has Memoranda of Understanding with the GPhC and PSNI and will use these (including updating, as necessary) to highlight the need to ensure formal exchange of information related to the preparation of Section 10 medicines. Similarly, the MHRA will enter into dialogue with the CQC which regulates other healthcare settings in England e.g. independent hospitals and their equivalents, as these may also prepare medicines under the Section 10 exemption and should also be included in the planned programme of increased clarification of roles and responsibilities, information exchange and learnings.”

Source location

Response from MHRA
Page 5 · response
Published 15 November 2024

Open published response

Source evidence

How this respondent position was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

MHRA reporting is not required because section 10 units are outside the MHRA’s regulatory mandate and scope of activity.

Verbatim wording from the response

“In general, any NHS Trust providing aseptic services under a section 10 exemption does not need to report to the MHRA as they’re not licensed units. However, all incidents from these services will be reported via the current patient safety incident reporting route and into the NHS Learn From Patient Safety Events (LFPSE) system.”

Source location

Response from NHS England
Page 3 · response
Published 15 November 2024

Open published response

Source evidence

How this respondent position was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Existing NHS England guidance, SPS oversight, escalation, and patient-safety reporting routes sufficiently address reporting by section 10 NHS aseptic units.

Verbatim wording from the response

“The reporting structure for section 10 units is now much clearer following the publication of the NHS England » Assurance of aseptic preparation of medicines.pdf in March 2023, and replacing the previous guidance from 1997. This guidance “applies to all NHS pharmacy aseptic facilities in England undertaking preparation of sterile medicinal products under Section 10 exemption to the Medicines Act 1968 (as amended)…”. It is my understanding that a copy of this was previously shared with the Coroner. The document outlines the escalation processes for:”

Source location

Response from NHS England
Page 3 · response
Published 15 November 2024

Open published response

Source evidence

How this respondent position was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Reporting requirements for trusts are now more clearly defined than they were in 2014.

Verbatim wording from the response

“Key matter of concern (2) is that:”

Source location

Response from CQC
Page 2 · response
Published 15 November 2024

Open published response

Source evidence

How this respondent position was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

NHS England, MHRA and CQC are responsible for implementing responses to the identified gaps; DHSC will coordinate their actions.

Verbatim wording from the response

“However, the gap you identified has not been fully addressed by this and there is more work to do in this area. NHS England, MHRA and CQC will be sending their individual responses to the PFD report to set out how they will address the concerns raised. This includes:”

Source location

Response from DHSC
Page 2 · response
Published 15 November 2024

Open published response

Source evidence

How this respondent position was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Other Section 10 providers fall under the relevant pharmacy or healthcare regulators, rather than the MHRA.

Verbatim wording from the response

“As detailed above there is a legal requirement for the holder of any manufacturer’s licence, be they commercial organisations or NHS Trusts, to notify MHRA and work with us to instigate an appropriate recall. While the matter in question relates to NHS pharmacy units, the MHRA notes that the Section 10 exemption is not limited to NHS sites. Registered pharmacies (i.e. retail/commercial pharmacies) are under the jurisdiction of the General Pharmaceutical Council (GPhC) in Wales Scotland and England and the Pharmaceutical Society of Northern Ireland (PSNI) for Northern Ireland.”

Source location

Response from MHRA
Page 5 · response
Published 15 November 2024

Open published response

Source evidence

How this respondent position was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Facilities preparing or assembling medicines under the Section 10 exemption fall outside the regulator’s responsibility.

Verbatim wording from the response

“The Section 10 exemption Section 10 of the Medicines Act 1968, as amended, provides scope for exemptions from the requirement to hold a manufacturer’s licence or marketing authorisation in defined circumstances. A pharmacist (or any person working under their supervision in a registered pharmacy), hospital pharmacy, or a pharmacy in a care home service or health centre to whom the Section applies may: prepare, assemble or dispense a medicinal product in accordance with a prescription given by a practitioner. Facilities that are preparing or assembling medicinal products under a Section 10 exemption fall outside the responsibility of MHRA.”

Source location

Response from MHRA
Page 2 · response
Published 15 November 2024

Open published response

Other statements in published responses

These actions and other statements could not be clearly connected to one concern in this report.

Recipient-stated actions An action is something a recipient says it has done, is doing, or plans to do in response to a concern raised.11

  1. 1

    Discuss all received Prevention of Future Deaths reports through the national Regulation 28 Working Group and share learning across NHS national and regional levels.

    Stated by NHS EnglandStated completedThe respondent said that this action was complete when they made their response on 15 November 2024.
  2. 2

    Commission SPS regional quality assurance leads to audit section 10 units and support Trusts in meeting required quality standards.

    Stated by NHS EnglandStated completedThe respondent said that this action was complete when they made their response on 15 November 2024.
  3. 3

    Review CQC oversight of governance arrangements for aseptic services in NHS trusts.

    Stated by Care Quality CommissionStated completedThe respondent said that this action was complete when they made their response on 15 November 2024.
  4. 4

    Review oversight of governance arrangements for aseptic-service providers outside NHS England’s commissioned audit requirements during 2025–26.

    Stated by Care Quality CommissionStated plannedThe respondent said that this action was planned when they made their response on 15 November 2024.
  5. 5

    Systematically discuss organisation-specific aseptic-service risks with all NHS trusts during 2025–26 using the electronic iQAAPS dashboard.

    Stated by Care Quality CommissionStated plannedThe respondent said that this action was planned when they made their response on 15 November 2024.
  6. 6

    Establish formal information-sharing agreements with other regulators, including MHRA and NHS England, and update them when required.

    Stated by Care Quality CommissionStated completedThe respondent said that this action was complete when they made their response on 15 November 2024.
  7. 7

    Incorporate NHS England-commissioned iQAAPS audit outputs into regulatory assessments of aseptic services.

    Stated by Care Quality CommissionStated completedThe respondent said that this action was complete when they made their response on 15 November 2024.
  8. 8

    Meet with CQC, NHS England and MHRA to coordinate and align actions addressing the identified concerns.

    Stated by Department of Health and Social CareStated plannedThe respondent said that this action was planned when they made their response on 15 November 2024.
  9. 9

    Publish a sector update explaining issues raised by the case and MHRA plans to address them.

    Stated by Medicines and Healthcare products Regulatory AgencyStated plannedThe respondent said that this action was planned when they made their response on 15 November 2024.
  10. 10

    Implement shared processes for auditing Section 10 NHS hospital pharmacies and inspecting licensed facilities.

    Stated by Medicines and Healthcare products Regulatory AgencyStated in progressThe respondent said that this action was in progress when they made their response on 15 November 2024.
  11. 11

    Inform devolved governments about improved information exchange and agree a corresponding approach.

    Stated by Medicines and Healthcare products Regulatory AgencyStated plannedThe respondent said that this action was planned when they made their response on 15 November 2024.

Recipient positions A position is what a recipient says about a concern when they do not describe a specific action.4

  1. 1

    Independent-sector section 10 units are outside NHS England oversight; reporting is to CQC, which is responsible for sharing information with MHRA under its memorandum.

    Stated by NHS EnglandRedirects responsibilityThe respondent said that another organisation was responsible for deciding or taking action.
  2. 2

    Recalls and corrective actions for section 10 units are sufficiently managed internally through NHS incident-management and oversight arrangements.

    Stated by NHS EnglandExisting arrangements considered sufficientThe respondent said that existing arrangements were sufficient, so no further action was needed.
  3. 3

    Collective concerns other than points 2 and 3 are outside the regulator’s remit.

    Stated by Care Quality CommissionOutside remitThe respondent said that this matter was outside its role or authority.
  4. 4

    NHSE has oversight of quality assurance for NHS hospital pharmacies operating under the Section 10 exemption.

    Stated by Medicines and Healthcare products Regulatory AgencyRedirects responsibilityThe respondent said that another organisation was responsible for deciding or taking action.

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Discuss all received Prevention of Future Deaths reports through the national Regulation 28 Working Group and share learning across NHS national and regional levels.

Verbatim wording from the response

“I would also like to provide further assurances on national NHS England work taking place around the Reports to Prevent Future Deaths. All reports received are discussed by the Regulation 28 Working Group, comprising Regional Medical Directors, and other clinical and quality colleagues from across the regions. This ensures that key learnings and insights around events, such as the sad deaths of Aviva, Yousef and Oscar, are shared across the NHS at both a national and regional level and helps us to pay close attention to any emerging trends that may require further review and action.”

Source location

Response from NHS England
Page 5 · response
Published 15 November 2024

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Commission SPS regional quality assurance leads to audit section 10 units and support Trusts in meeting required quality standards.

Verbatim wording from the response

“NHS England commissions the NHS Specialist Pharmacy Service (SPS) to carry out quality audits of section 10 units through their regional quality assurance leads (RQAs) and to support Trusts in achieving the required quality standards in accordance with this guidance.”

Source location

Response from NHS England
Page 3 · response
Published 15 November 2024

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Review CQC oversight of governance arrangements for aseptic services in NHS trusts.

Verbatim wording from the response

“The report made two key recommendations for CQC:”

Source location

Response from CQC
Page 2 · response
Published 15 November 2024

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Review oversight of governance arrangements for aseptic-service providers outside NHS England’s commissioned audit requirements during 2025–26.

Verbatim wording from the response

“Our actions”

Source location

Response from CQC
Page 4 · response
Published 15 November 2024

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Systematically discuss organisation-specific aseptic-service risks with all NHS trusts during 2025–26 using the electronic iQAAPS dashboard.

Verbatim wording from the response

“In line with the recommendations made by the review on aseptic services, CQC takes into account NHS England’s commissioned audits on these services as part of our regulatory assessment of services (iQAAPS, interactive quality assurance of aseptic preparation services).”

Source location

Response from CQC
Page 3 · response
Published 15 November 2024

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Establish formal information-sharing agreements with other regulators, including MHRA and NHS England, and update them when required.

Verbatim wording from the response

“Sharing information of concern”

Source location

Response from CQC
Page 4 · response
Published 15 November 2024

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Incorporate NHS England-commissioned iQAAPS audit outputs into regulatory assessments of aseptic services.

Verbatim wording from the response

“CQC access to audit data”

Source location

Response from CQC
Page 3 · response
Published 15 November 2024

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Meet with CQC, NHS England and MHRA to coordinate and align actions addressing the identified concerns.

Verbatim wording from the response

“Furthermore, DHSC will meet with CQC, NHS England and MHRA to ensure that the actions of each organisation to address your concerns are complementary, coordinated and completed. I have asked my officials to write to you once these actions are fully completed.”

Source location

Response from DHSC
Page 2 · response
Published 15 November 2024

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Publish a sector update explaining issues raised by the case and MHRA plans to address them.

Verbatim wording from the response

“• The MHRA will publish an update to the sector detailing issues raised by this case and our intentions to address the concerns (by the end of March 2025).”

Source location

Response from MHRA
Page 5 · response
Published 15 November 2024

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Implement shared processes for auditing Section 10 NHS hospital pharmacies and inspecting licensed facilities.

Verbatim wording from the response

“This plan also builds on work which is already being implemented to share common understanding of processes and procedures regarding the auditing of Section 10 NHS hospital pharmacies (SPS) and inspecting of licensed facilities (MHRA).”

Source location

Response from MHRA
Page 5 · response
Published 15 November 2024

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Inform devolved governments about improved information exchange and agree a corresponding approach.

Verbatim wording from the response

“• The MHRA will inform devolved governments of this requirement to improve information exchange as soon as practical and agree an approach in line with that for the NHSE MoU (by end of September 2025).”

Source location

Response from MHRA
Page 5 · response
Published 15 November 2024

Open published response

Source evidence

How this respondent position was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Independent-sector section 10 units are outside NHS England oversight; reporting is to CQC, which is responsible for sharing information with MHRA under its memorandum.

Verbatim wording from the response

“It was noted at this meeting that for some time the MHRA and CQC have had a Memorandum of Understanding (MOU) in place between them for sharing information on matters of concern and that the independent sector also operates section 10 aseptic units that only the CQC have authority over as the regulator, i.e. no MHRA, SPS or NHS involvement or oversight. The communication MOU referenced as action 2 above, will therefore address the NHS s.10 exempt pharmacy production incident point in the PFD, but it will not capture any independent sector s.10 exempt units.”

Source location

Response from NHS England
Page 4 · response
Published 15 November 2024

Open published response

Source evidence

How this respondent position was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Recalls and corrective actions for section 10 units are sufficiently managed internally through NHS incident-management and oversight arrangements.

Verbatim wording from the response

“With respect to effecting recalls and actions, the situation is different for section 10 units compared to units under MHRA control because for a section 10 unit any recalls or actions and patients affected would be managed entirely within their own organisation. Generally, products will have already been administered by the time a problem is identified, so recall prior to use is not relevant and the current MHRA Defective Medicine Report Centre (DMRC) would not have a role. Situation management will follow usual incident management and oversight arrangements for NHS trusts in the same way as any other serious internal incident would be managed, identifying causes for the incident and implementing recommendations and learning to mitigate the risk of recurrence where possible.”

Source location

Response from NHS England
Page 4 · response
Published 15 November 2024

Open published response

Source evidence

How this respondent position was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Collective concerns other than points 2 and 3 are outside the regulator’s remit.

Verbatim wording from the response

“We have reviewed the collective concerns, and propose to address points 2 and 3 which are within our remit.”

Source location

Response from CQC
Page 1 · response
Published 15 November 2024

Open published response

Source evidence

How this respondent position was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

NHSE has oversight of quality assurance for NHS hospital pharmacies operating under the Section 10 exemption.

Verbatim wording from the response

“The preparation of medicines under Section 10 in NHS hospital pharmacies remains an essential enabler for patient care, including such activities as parenteral nutrition, cancer chemotherapy, clinical trials and innovative advanced therapy medicinal products. NHS England (NHSE) has oversight of the quality assurance of NHS hospital pharmacies in England operating in accordance with Section 10. The 2020 Department of Health and Social Care report “Transforming NHS pharmacy aseptic services in England” made the specific recommendation to strengthen the accountability and responsibility of Trusts operating s10”

Source location

Response from MHRA
Page 2 · response
Published 15 November 2024

Open published response
Back to top

Information checked against the published report and official responses · Data reviewed 7 Sep 2026 · About data quality and limitations

Official responses located
4/4

Data last updated 7 September 2026