This is an HTML version of an attachment to the Freedom of Information request 'Dr Arowojolu (4467036) erased because of sexually motivated conduct - rehearings'.

From:
Matthew McCoig-Lees (0161 923 6579)
To:
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
Subject:
RE: Freedom of Information request - Dr Arowojolu (4467036) erased because of sexually motivated
conduct - rehearings
Date:
13 January 2021 18:06
Attachments:
Record of Determination.docm
Dear J Roberts
 
I write further to previous correspondence with a response under the Freedom of Information
Act 2000. I apologise for the delay in responding to you.
 
I will address your questions in the order in which they were made, addressing the second two
together.
 
1.  Please provide a copy of the initial hearing.
 
See attached.
 
2.  For each of the past three years, please provide the number of MPT decisions appealed to the
High Court.  Break down the figures to show who brought the appeals.
 
3.  For each of the past three years, please provide the number of MPT decisions appealed to the
High Court which resulted in the GMC initiating fresh MPT proceedings. Break down the figures to
show the outcome of the fresh proceedings.
 
Firstly, I should explain that some of this data is that which we provide to the Professional
Standards Agency. The definition of ‘year’  follows their reporting year (Apr-Mar) rather than
calendar years. I hope this is acceptable. It relates to the number of appeals which were
concluded in each period.
 
I should also explain that when a matter comes before a judge, if they uphold the appeal against
the MPTS decision, they have the option of either remitting the decision back to the MPTS or
making their own decision. Therefore, it’s important to understand that the number of cases
remitted back to the MPTS represents only part of the appeals upheld.
 
The GMC can also agree to a rehearing following a doctor appeal without a decision by a judge
and the data below for remitted cases includes these matters.
 
Below is the number of appeals instigated on behalf of doctors which concluded 1 April 2017-31
March 2020, split by reporting year with the outcomes of remitted hearings where they have
been held.
 
Date
Number of S40
Number of
Outcomes of
Doctor Appeals
cases remitted
Remitted MPTS
concluded in period to MPTS
Hearings
 
1 April 2017-31 March 2018
25
1
No Impairment
 
 
1 April 2018-31 March 2019
20
1
Suspension

 
1 April 2019-31 March 2020
20
2
Erasure
 
 
Hearing not
taken place
Total
65
4
 
 
 
Below is the number of appeals instigated on behalf of the GMC which concluded 1 April 2017-
31 March 2020, split by reporting year.
 
Date
Number of S40a
Number of
Outcomes of Remitted MPTS
GMC Appeals
cases
Hearings
concluded in
remitted to
period
MPTS
 
1 April 2017-31 March
25
11
Erasure x2
2018
 
 
Suspension x5*
 
Order Revoked (Combined
hearing covering two cases)
 
Restoration Application
Granted^
 
Restoration Application
Refused
 
 
1 April 2018-31 March
5
1
Conditions
2019
 
1 April 2019-31 March
1
1
Suspension
2020
 
Total
31
13
 
 
* In one of these cases the GMC successfully appealed the initial tribunal decision at the High
Court which directed a sanction of suspension should be replace with erasure. The doctor
appealed the High Court decision to the Court of Appeal.  As a result the original Tribunal
decision was restored. This case is included only in the second table.
 
^ In this case the GMC was unsuccessful at High Court but successful at the Court of Appeal
which remitted the matter back to the Tribunal.
 
I hope you find this information helpful.
 


 
---
Kind Regards
 
Matt
 
Matthew McCoig-Lees
Information Access Officer
Information Access Team
General Medical Council
3 Hardman Street
Manchester
M3 3AW
Email: xxxx.xxxxxxxxxxx@xxxxxx.xxx
Website: www.gmc-uk.org
Tel: 0161 923 6579
 
 
From: FOI 
Sent: 26 November 2020 16:08
To: xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
Subject: RE: Freedom of Information request - Dr Arowojolu (4467036) erased because of
sexually motivated conduct - rehearings
 
Dear J Roberts,
 
Your information request – IR1-2867751650
Thank you for your email dated 25 November, in which you ask a copy of the hearing for Dr
Arowojolu (4467036) and the number MPT decisions appealed to the High Court in the last 3 years
and the number that resulted in the GMC initiating fresh MPT proceedings.
 
How we will consider your request
We’re going to look at your request under the Freedom of Information Act 2000 (FOIA). The FOIA
gives us 20 working days to respond but we’ll come back to you as soon as we can.
 
Who to contact
Matt McCoig-Lees will be handling your request. If you have any questions you can contact him via
email at xxxx.xxxxxxxxxxx@xxxxxx.xxx.
 
Yours sincerely
 
Lauren Barrowcliffe
Information Access Team Assistant
 
xxxxxx.xxxxxxxxxxxx@xxxxxx.xxx
General Medical Council
3 Hardman Street
Manchester
M3 3AW
 
-----Original Message-----
From: J Roberts [mailto:xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx 

Sent: 25 November 2020 15:54
To: FOI <xxx@xxxxxx.xxx >
Subject: Freedom of Information request - Dr Arowojolu (4467036) erased because of sexually
motivated conduct - rehearings
 
Dear General Medical Council,
 
The High Court quashed the direction of the first tribunal that Dr Arowojolu's name be removed from
the medical register - procedural error:
 
https://clicktime.symantec.com/3Tw9u551YRPCk9S6dVmjCJG6H2?
u=http%3A%2F%2Fwww.bailii.org%2Few%2Fcases%2FEWHC%2FAdmin%2F2019%2F3155.html
 
The outcome of the rehearing was the same as the initial hearing - erasure:
 
https://clicktime.symantec.com/3CpPhLw85end2ePHtF1ippZ6H2?u=https%3A%2F%2Fwww.mpts-
uk.org%2F-%2Fmedia%2Fmpts-rod-files%2Fdr-olakunle-arowojolu-12-nov-20.pdf
 
1.  Please provide a copy of the initial hearing.
 
2.  For each of the past three years, please provide the number of MPT decisions appealed to the
High Court.  Break down the figures to show who brought the appeals.
 
3.  For each of the past three years, please provide the number of MPT decisions appealed to the
High Court which resulted in the GMC initiating fresh MPT proceedings. Break down the figures to
show the outcome of the fresh proceedings.
 
Yours faithfully,
 
J Roberts
 
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