No fitness-to-practise case for Boots following Deliveroo OTC incident

The GPhC has decided not to conduct a formal fitness-to-practise investigation into a Boots pharmacy after a Deliveroo driver was filmed mocking a woman over a product she ordered from one of the multiple’s branches via the delivery app.

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Boots Deliveroo incident
The regulator concluded it was not “necessary to undertake a formal investigation into fitness to practise”

In June, a video shared on social media showed a Deliveroo driver dropping off an open paper bag from Boots containing the over-the-counter thrush treatment Canesten and mocking the patient before handing the product over.

Having reviewed the incident “carefully” and spoken with the inspector who covers the pharmacy where the thrush medication was dispensed, the regulator concluded it is not “necessary to undertake a formal investigation into fitness to practise”, a General Pharmaceutical Council (GPhC) spokesperson told C+D.

Read more: Boots ‘appalled’ by Deliveroo OTC incident, as lawyers warn of consequences

A review of the incident undertaken by Boots determined that staff had sealed the bag before it was dispatched to the customer, the spokesperson clarified.

Boots and Deliveroo both declined to respond to the GPhC’s decision when approached for comment by C+D.

In June, Boots told C+D it was “appalled to learn” of the incident and said it was “working with Deliveroo to investigate what happened on this occasion and to ensure that this doesn’t happen again”.

Meanwhile, Deliveroo apologised to the customer and criticised the driver’s behaviour as “completely unacceptable”.

Action taken by Boots in response to incident

The branches that were involved in Boots’ pilot partnership with the delivery app at the time of the incident were reminded of the importance of ensuring all medicines bags are properly sealed before they are handed out for delivery, the GPhC found during its review of the incident.

The multiple also briefed staff again on all the relevant standard operating procedures, the spokesperson added.

The GPhC therefore believes the multiple has taken the appropriate steps to lower the risk of a similar situation repeating itself in the future.

Read more: Boots widens OTC Deliveroo partnership to 125 branches across the UK

The inspector had discussed the issue with the pharmacy in question, as well as Boots chief pharmacist Marc Donovan, while assessing the risks relating to what happened, the spokesperson said.

Boots began its partnership with Deliveroo in August 2021 as a pilot launch across 14 branches in England. It announced yesterday (August 23) that it had expanded the service to a further 111 branches across the UK.

Review found no failings in procedures

According to the GPhC, Boots undertook a review of its procedures relating to its pilot with Deliveroo “to see whether there were either any failings or whether there were any gaps in the process”.

The multiple determined it had followed all the relevant procedures “properly” on the day, the GPhC spokesperson wrote.

Boots also felt it had mitigated any risks relating to the Deliveroo partnership “as best [it] could”, having undertaken a risk assessment before launching the pilot, the regulator said.

“[Boots] hadn’t identified any gaps in the process that might have prevented” the incident, the GPhC spokesperson commented.

Speaking to C+D in June, Andrea James, a professional discipline and healthcare regulatory lawyer at Brabners LLP, warned pharmacies that they are “still responsible for ensuring the safety and effectiveness of any part of the service (including delivery) that they contract out to third parties – this includes carrying out due diligence when selecting any contractors and regularly auditing the performance of those contractors”.

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