CCHR Complaints

F09/2365/LG

Dear Mr Thackeray

Information Request

Thank you for your e-mail of 29 June 2009 in which you request information
in accordance with the provisions of the Freedom of Information Act 2000
(FOIA).

We will consider your request and you will normally receive the
information you seek within the 20 working day limit set by the FOIA.

The FOIA lists a number of exemptions that may prevent the release of
part, or all, of the information that you have requested. We will make an
assessment of the requested information and if it is subject to an
exemption you will be informed of this, together with details of your
right of appeal.

Your request has been allocated to Louise Gormley. If you have any
queries concerning your request you can contact Ms Gormley on 0161 923
6311 or email [email address].

Yours sincerely

Janet Maclean

Information Access Team Administrator

0161 923 6324

[email address]

show quoted sections

Our reference: F09/2365/LG

Dear Mr Thackeray

Thank you for your request dated 29 June 2009, in which you request
details of complaints made by the Citizen's Commission on Human Rights
(UK).

We have previously advised you of two complaints made by the Citizens
Commission on Human Rights (United Kingdom) which have led, at least in
part, to Fitness to Practise Panel hearings (or it's predecessor the
Professional Conduct Committee). The two hearings are as follows:

Dr Patrick Cosgrove - 19-27 January 2004 and 9-18 June 2004

Dr Rajendra Persaud - 16-20 June 2008

You will be aware of the detail of both these cases as I believe that we
have already supplied you information in respect of both these cases.

Regarding any further information held about complaints made by the
Citizen's Commission on Human Rights, I write to inform you that we
believe that this information is subject to an exemption listed in the
Freedom of Information Act 2000 (FOIA). In accordance with the
requirements of the FOIA, this email acts as a refusal notice in respect
to your request for this information under the FOIA. The exemptions we
believe apply are:

Section 40(2) by virtue of section 40(3)(a)(i) - personal information of
a third party - This relates to information requested which is the
personal data of a third party, and the disclosure of which would be in
breach of the Principles of the Data Protection Act 1998 (DPA). In this
instance we believe that the disclosure of this type of information
would breach the First Principle, which requires that the processing of
personal data is fair and lawful.

Section 41 - information provided in confidence - This relates to
information supplied to the GMC by any person, the disclosure of which
would constitute a breach of confidence actionable by that or any other
person.

You have the right to appeal against this decision. If you wish to
appeal please set out in writing your grounds of appeal and send to
Julian Graves, Information Access Manager, at the address below, or
email [email address]

You also have the right to appeal to the Information Commissioner, the
independent regulator of the FOIA. If necessary, Mr Graves will provide
the relevant contact details.

Kind regards
Louise Gormley
Information Access Officer
Registration Directorate

Direct Line: 0161 923 6311
Email: [email address]
Website: www.gmc-uk.org
Address: Information Access Team
General Medical Council
St James Buildings
79 Oxford Street
Manchester
M1 6FQ

show quoted sections

Dear Mr Thackeray

Thank you for your email below.

We will consider your appeal under our Comments and Complaints Procedure
for Subject Access and Information Requests. This sets a target response
time of 20 working days. I will endeavour to respond to you within this
timeframe.

Yours sincerely

Julian Graves
Information Access Manager
General Medical Council

show quoted sections

Dear Mr Thackeray

I apologise for my continued delay in responding to you on this matter.
The delay has been caused by my current workload. I expect to be in a
position to respond to you on this matter in this near future.

Yours sincerely

Julian Graves
Information Access Manager
General Medical Council

show quoted sections

Dear Mr Thackeray

I apologise for my continued delay in responding to you on this matter.
The delay has been caused by my current workload. I expect to be in a
position to respond to you on this matter in this near future.

Yours sincerely

Julian Graves
Information Access Manager
General Medical Council

show quoted sections

Our ref: F09/2365/LG

Dear Mr Thackeray

Please accept my sincere apologies for my delay in considering this
matter.

In your request you asked to be provided with details of all complaints
made by the CCHR to the GMC. In her response sent on 31 July my colleague
Louise Gormley advised you of two complaints which progressed to a Fitness
to Practise Panel but refused to supply any further details of any other
complaints citing the personal data exemption (section 40(2)by virtue of
section 40(3)(a)(i)) and the 'information provided in confidence'
exemption (section 41(1)).

I have now had the opportunity to consider this matter further and having
done so, I should clarify that the intention of Ms Gormley in citing the
personal data exemption was in relation to any data concerning either the
doctor involved or any other individuals affected by the complaint (any
patients etc.) It was not her intention to wish to apply the personal data
exemption to the CCHR itself. I believe that this was an appropriate
course of action where, for whatever reason, it would not be possible to
anonymise the data itself.

Equally I am satisfied that the 'information provided in confidence'
exemption applies to this data. There would be no expectation on the part
of any complainant that details of their complaint would be placed into
the public domain until such time as it is the subject of a public Fitness
to Practise Panel hearing. This also applies to details of the number of
complaints made by any specific party.

In specific response to your point 2 below I can confirm that the GMC has
not given any undertakings to the CCHR in relation to this matter.

As you are aware, should you remain dissatisfied with my response on this
matter, you do have a further right of complaint to the Information
Commissioner, the regulator of the FOIA.

Yours sincerely

Julian Graves
Information Access Manager
General Medical Council

show quoted sections

Please use this email address for all replies to this request:
[FOI #13868 email]

Disclaimer: This message and any reply that you make will be
published on the internet. Our privacy and copyright policies:
[2]http://www.whatdotheyknow.com/help/about...

If you find WhatDoTheyKnow useful as an FOI officer, please ask
your web manager to suggest us on your organisation's FOI page.
-------------------------------------------------------------------

Unless otherwise expressly agreed by the sender of this email, this
communication may contain privileged or confidential information which is
exempt from disclosure under UK law. This email and its attachments may
not be used or disclosed except for the purpose for which it has been
sent.

If you are not the addressee or have received this email in error, please
do not read, print, re-transmit, store or act in reliance on it or any
attachments. Instead, please email the sender and then immediately delete
it.

General Medical Council

St James Building, 79 Oxford Street, Manchester, M1 6FQ

Regents Place, 350 Euston Road, London, NW1 3JN

The Tun, 4 Jacksons Entry, Holyrood Road, Edinburgh, EH8 8AE

Regus House, Falcon Drive, Cardiff Bay, CF10 4RU

9th Floor, Bedford House, 16-22 Bedford Street, Belfast, BT2 7FD

The GMC is a charity registered in England and Wales (1089278) and
Scotland (SC037750)

References

Visible links
1. http://www.whatdotheyknow.com/request/cc...
2. http://www.whatdotheyknow.com/help/about...