Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, whether anti-epileptic drugs are exempted from serious shortage protocols; and what assessment he has made of the potential effect of the use of such protocols on (a) people with learning disabilities and (b) their families in the event that the UK leaves the EU without a withdrawal agreement.

While Serious Shortage Protocols (SSP) in England have the scope to cover all medicines and appliances that are on a National Health Service prescription in primary care, including anti-epileptic drugs, it is clear that an SSP for therapeutic or generic equivalents will not necessarily be suitable for all medicines and patients. For example, where medicines need to be prescribed by brand for clinical reasons, which is the case for epilepsy medication.

Any protocol would only be introduced if clinicians with expertise in the relevant area think it is appropriate. Pharmacists will have to use their professional judgment as to whether supplying against the protocol rather than the prescription is appropriate or the patient should be referred to their prescriber.

The legislation enabling Ministers to issue SSPs was not introduced as a European Union exit measure alone but as a business-as-usual measure that can be used before and after our exit from the EU.