Consultation will take place on potential rule change following death of 2-year-old Lancashire girl
The government says a consultation will go ahead following the death of Ava Hodgkinson from sepsis in 2022
Last updated 1st Apr 2025
The government says there will be a consultation on potential rule changes following the death of a two-year-old girl in Lancashire.
Ava Hodgkinson died from sepsis in December 2022.
Ava, who was from Banks passed away after collapsing in hospital - the day after she'd been prescribed antibiotics by a GP.
The pharmacy had run out of stock and current rules currently prevent issuing any different medication that's suitable - without an amended prescription.
This led to a delay in getting the antibiotics - with the coroner saying there's a risk of more deaths like Ava's if action wasn't taken.
Health minister Karen Smyth say she's committed to officials exploring 'new flexibilities' and the consultation should to be published in the summer.
In January the Coroner sent a report to the Department of Health and Social Care which said in his opinion 'action should be taken to prevent future deaths and I believe you have the power to take such action'.
Now a minister has replied to the coroner:
"Thank you for the Regulation 28 report of 10 January 2025 sent to the Secretary of State about the death of Ava Grace Hodgkinson. I am replying as the Minister with responsibility for medicines regulation, pricing and supply.
"Firstly, I would like to say how saddened I was to read of the circumstances of Ava’s death, and I offer my sincere condolences to her family and loved ones.
"The report raises concerns over the requirement to supply medication in accordance with the prescription, as set out in the Human Medicines Regulations 2012, which prevent a pharmacist from issuing different strengths of prescribed medication without an amended prescription, even when the same dosage could be achieved."
The letter ends saying:
"Any proposed new flexibilities would need amendments to the HMRs 2012 – and a public consultation on such changes is a requirement of the Medicines and Medical Devices Act 2021 and would need to be joint with the Department of Health in Northern Ireland.
"The consultation will seek wider views than those already canvased on if, and the circumstances in which, it may be appropriate to grant pharmacists the flexibility to supply an alternative dose and formulation to that specified in a prescription written by a prescriber.
"My expectation at this stage is that consideration will be given to whether or not the flexibilities should be limited to cases of immediate clinical need where it is impractical to obtain a prescription for the alternative medicine without undue delay. I am confident that a solution can be found to granting new flexibilities that will receive patient, professional, NHS and pharmacy businesses’ support.
"Subject to the normal clearances, my officials aim to publish this by summer 2025."