Racism and Fitness to Practice complaints to the GMC

Yn disgwyl am adolygiad mewnol gan General Medical Council o'u triniaeth o'r cais hwn.

Dear General Medical Council,

#BlackLivesMatter

There have been multiple admissions of racism in the GMC including Fitness to Practice processes. The base data and correct initial questions do not appear to have been asked or properly gathered, when exploring concerns in discourses and GMC related research. As this related data is not available and far too often nothing is done too. Can I make the following request:

In the last 3 years, Please provide (ideally as a simple table):
1. The ethnicity of complainants if available against
2. The ethnicity of defendants if available (no names please)
3. Whether there was further investigation or curtailment, or a finding against the doctor
4. Of those doctors with a finding/erasure, the ethnicity of the prosecution
5. Only of those investigated, the route of their initial complaint i.e. was it by Responsible Officer, direct to the GMC by website/letter, or via another body / court /
health process, GMC-liaison-backdoor service and Rule 12.

I am aware information may not be available and, in this case, if partial information is available please provide with blank information in other areas. If no information is available, then omit. I am aware data is likely to be incomplete and this is acceptable.

Separately for the last 3 years
6. The ethnicity of the decision makers as a group
7. The ethnicity of the investigator if present (as a group)
8. The Ethnicity of the GMC Management as a group
9. The Ethnicity of the GMC MPTS division as a group, if available

I would like to make a clarification in relation to the above, having read some of your other FOI non-minimised disclosures. Names of individual doctors are considered by our profession as personal data, and are information relating to living identifiable individuals, as defined by the Data Protection Act 1998. They are often in junior positions and the system issues are ignored by design. Please do not provide any names or GMC numbers of doctors or staff. The reason I ask for group information, is so punitive action is not subsequently taken which is inline with GDPR, integrity and confidentiality principle as well as data minimisation. We can all be part of the change which includes following the outcomes detailed in https://www.gmc-uk.org/-/media/documents...

I am happy for you to make changes to the request as reasonable. If unclear, please ask your colleague Mr McCoig-Lees who has my personal contact details. If the above more specific and narrower request is still too long, please omit Question 6,7,8,9 as that is unlikely to be a simple data extraction.

Yours faithfully,

Dr S. Ali

FOI, General Medical Council

Thank you for getting in touch. Please note this is an automated email.

 

Unfortunately, due to the current pandemic outbreak we are operating at
reduced capacity. It may therefore take us longer to respond to your
correspondence. We apologise for any inconvenience caused but we’ll get
back to you as soon as we can with a further acknowledgement.

 

In the meantime, if you want any further information about the GMC, please
visit our website.

 

Thank you

 

Information access team

General Medical Council

Email: [GMC request email]

Telephone: 0161 923 6365

Working with doctors Working for patients

The General Medical Council helps to protect patients and improve medical
education and practice in the UK by setting standards for students and
doctors. We support them in achieving (and exceeding) those standards, and
take action when they are not met.

dangos adrannau a ddyfynnir

FOI, General Medical Council

Dear Dr Ali,

Your information request – IR1-2727801914

Thank you for your email dated 28 June, in which you ask for the below:

 

In the last 3 years, Please provide (ideally as a simple table):

1.         The ethnicity of complainants if available against

2.         The ethnicity of defendants if available (no names please)

3.         Whether there was further investigation or curtailment, or a
finding against the doctor

4.         Of those doctors with a finding/erasure, the ethnicity of the
prosecution

5.         Only of those investigated, the route of their initial
complaint i.e. was it by Responsible Officer, direct to the GMC by
website/letter, or via another body / court / health process,
GMC-liaison-backdoor service and Rule 12.

              

Separately for the last 3 years

6.         The ethnicity of the decision makers as a group

7.         The ethnicity of the investigator if present (as a group)

8.    The Ethnicity of the GMC Management as a group

9.    The Ethnicity of the GMC MPTS division as a group, if available

 

How we will consider your request

We’re going to consider 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

Simon Willis will be handling your request. If you have any questions you
can contact him via email at [1][email address].

 

Unfortunately, due to the pandemic outbreak we are currently operating at
reduced capacity. It may therefore take us longer to respond to your
request. We apologise for any inconvenience caused.

 

Yours sincerely

 

Lauren Barrowcliffe

Information Access Team Assistant

 

[email address]

General Medical Council

3 Hardman Street

Manchester

M3 3AW

 

dangos adrannau a ddyfynnir

Simon Willis (0161 923 6310), General Medical Council

Dear Dr Ali,

 

Thank you for your email of 28 June 2020.

 

There are aspects of your request which require clarification and we would
be grateful if you could address the following:

 

• The GMC do not have powers to ‘prosecute’. We can however take action
where it appears that a doctor's fitness to practise may be impaired.
Please therefore provide further information about question 4.

 

• Please clarify what you mean by “a finding”

 

• Please clarify what you mean by “curtailment”

 

Once we hear from you, we will proceed with your request.

 

In the meantime, please note that your request may exceed the cost limit
in accordance with section 12 of the FOIA.  To give you an idea on the
number of files that would need to be reviewed, there were 7,405
complaints in 2018 and further 7,417 in 2019. There were over 1,900
investigations in each of these two years.

 

Yours sincerely,

 

GMC

 

 

 

From: FOI
Sent: 29 June 2020 15:50
To: '[FOI #673127 email]'
<[FOI #673127 email]>
Subject: RE: Freedom of Information request - Racism and Fitness to
Practice complaints to the GMC

 

Dear Dr Ali,

Your information request – IR1-2727801914

Thank you for your email dated 28 June, in which you ask for the below:

 

In the last 3 years, Please provide (ideally as a simple table):

1.         The ethnicity of complainants if available against

2.         The ethnicity of defendants if available (no names please)

3.         Whether there was further investigation or curtailment, or a
finding against the doctor

4.         Of those doctors with a finding/erasure, the ethnicity of the
prosecution

5.         Only of those investigated, the route of their initial
complaint i.e. was it by Responsible Officer, direct to the GMC by
website/letter, or via another body / court / health process,
GMC-liaison-backdoor service and Rule 12.

              

Separately for the last 3 years

6.         The ethnicity of the decision makers as a group

7.         The ethnicity of the investigator if present (as a group)

8.    The Ethnicity of the GMC Management as a group

9.    The Ethnicity of the GMC MPTS division as a group, if available

 

How we will consider your request

We’re going to consider 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

Simon Willis will be handling your request. If you have any questions you
can contact him via email at [1][email address].

 

Unfortunately, due to the pandemic outbreak we are currently operating at
reduced capacity. It may therefore take us longer to respond to your
request. We apologise for any inconvenience caused.

 

Yours sincerely

 

Lauren Barrowcliffe

Information Access Team Assistant

 

[2][email address]

General Medical Council

3 Hardman Street

Manchester

M3 3AW

 

dangos adrannau a ddyfynnir

Dear Simon Willis (0161 923 6310),

The GMC FTP process-with-themselves at an MPTS is quasi-legal, the MPTS is independent yet fully funded by the GMC, the defendant is the doctor, and the prosecution is seen as the GMC appointed/paid barrister or solicitor. I see what you mean but here Prosecutor (badly worded but you can put 'accuser' or ' GMC decision maker' or 'doctor-basher' but might read too literal) it refers to this GMC person involved (i.e. GMC barrister/solicitor) or at the early stage, it is the investigator or complaint handler! The Ethnicity of this GMC person refers to exactly that, and where there are multiple people involved it should refer to the last person whom is normally the Barrister. If it helps you can use another word to describe this GMC person. If you would like examples of names of your staff, please give me a telephone call via your colleague (see previous correspondence and last similar request which I have been asked to be more specific and resubmit). I hope this provides clarification.

Regarding, clarify what you mean by “a finding” and ‘curtailment.’ I am happy for you to clarify ‘finding’ and ‘curtailment’ given how you have written your response and would ask if really needed, to look at a dictionary or consider what this means to a common person. In essence anything that is not-guilty of an accusation and results in sanctions, suspension or erasure. It may help you to look at https://www.mpts-uk.org/hearings-and-dec... Obviously with the GMC FTP process it is multi-stage and I am happy for your to alter the questions or words if needed.

Yours sincerely,

Dr S. Ali

Simon Willis (0161 923 6310), General Medical Council

1 Atodiad

Dear Dr Ali,

Please find attached response to your request of 28 June 2020.

Yours sincerely,

GMC

Working with doctors Working for patients

The General Medical Council helps to protect patients and improve medical education and practice in the UK by setting standards for students and doctors. We support them in achieving (and exceeding) those standards, and take action when they are not met.

dangos adrannau a ddyfynnir

Dear Simon Willis (0161 923 6310),

I am not seeking the breakdown of 20,000 complaints, I hope this is clear as the above also states I explicitly do not want you to list personal information of the large number you have. I am fully aware, the GMC have collated the results and some data extraction is possible without going back to original submissions, manually as the GMC and or MPTS, has already processed the data. This is the second request, having refined the request to reduce time and allow automatic collation of processed data.

You again ask for clarification, this time ethnicity for “ethnicity… as a group.” This is the number of any particular ethnic group tallied up. Please see a dictionary for definition of words or use common sense. Please see government census or the following site on what an ethnic groups are https://www.ethnicity-facts-figures.serv... alternatively speak with your HR department. I am aware you already collect this information and there are publishing of different groups already publically available. These particular small group tallies, can be done in batches – hence the wording to save on time and ensure the work can be done within the stipulations. As the GMC is also a registered charity, if you would like extra-funding from doctors please let me know and I will seek to arrange via crowd-funding.

I am not finding your actions at all helpful. As your actions, continue to bring an organisation that is seen as racist into doubt and are not consistent with Dame Marx’s words. I would remind you, the previous responses are publically available on https://www.whatdotheyknow.com/request/r... Further as the GMC both self-regulates and believes they are the profession, under Section 1 of the Medical Act, this continues to not promote or maintain the public confidence in the medical profession; I thus request an internal review on the GMC refusal.

Yours sincerely,

Dr S. Ali

FOI, General Medical Council

Dear Dr Ali,

 

Your appeal request: IR1-2755827315

Thank you for your email dated 27 July.

We will be considering your email under our comments and complaints
procedure. This sets a target response time of 20 working days. We will
endeavour to respond to you within this timeframe.

 

Julian Graves will be handling your request. If you have any questions you
can contact him via email at [1][email address].

 

Unfortunately, due to the pandemic outbreak we are currently operating at
reduced capacity. It may therefore take us longer to respond to your
request. We apologise for any inconvenience caused.

 

Yours sincerely

 

Lauren Barrowcliffe
Information Access Team Assistant

 

[2][email address]

General Medical Council

3 Hardman Street

Manchester

M3 3AW

 

 

dangos adrannau a ddyfynnir