An Intent to Deceive

Mark Russell made this Freedom of Information request to Health and Care Professions Council

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was refused by Health and Care Professions Council.

Dear Health and Care Professions Council,

In a recent FOI request, you confirmed that the HCPC has only issued policy and guidance for registrants through its website and there are no separate advisory channels for the professional bodies. You were asked specifically to provide any documentation that demonstrates full disclosure of the limitations that "an intent to deceive" has on the misuse of title offence - and you were unable to do so.

Given that this is an essential criteria of the offence and was not contained in the previous legislation for health professionals, can you please provide all correspondence, including that between the HPC and its legal agents, Council minutes, internal memos and emails, concerning the non-disclosure and concealment of the "intent to deceive" element from the public and primary stakeholders?

Can you also please provide the name(s) of the officers responsible for the decision to withhold this critically important information?

Yours faithfully,

Mark Russell

FOI, Health and Care Professions Council

Dear Mr Russell


Thank you for your email dated 5 November 2016, in which you ask for all
correspondence relating to the intent to receive element of the misuse of
title offence.


We are treating this as a request under the Freedom of Information Act


We will deal with your request as promptly as possible and, at the latest,
within 20 working days. If you have any queries about your request please
contact us using this email address, or the address below.

The reference number for your request is FR04897.


Yours sincerely


Maxine Pryce

Information Governance Officer


Health and Care Professions Council

Park House, 184 Kennington Park Road

London SE11 4BU





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Dear FOI,

You have failed to respond to the request for information relating to information provided to registrants and professional bodies. By law, you must provide a prompt response and no later than within 20 days of the date of request. Please provide the information requested within 24 hours or an explanation why you are unable to do so.

Yours sincerely,

Mark Russell

FOI, Health and Care Professions Council

Dear Mr Russell,


Thank you for your recent information request. Your request has been
treated under the Freedom of Information Act (FOIA).


We consider your request to be vexatious under section 14 of FOIA and
therefore the HCPC will not further respond to your request. FOIA is
generally considered to be applicant blind, however, this doesn’t mean
that an authority can’t take into account the wider context in which the
request is made.


In this case we consider that this matter has been examined at length
through your own correspondence, MP letters and a Crown Court Appeal case
which ruled in the HCPC’s favour. Your requests are seeking to reopen an
issue that has already been comprehensively addressed and subjected to
independent scrutiny.  Your persistence is unreasonable as is your
accusatory tone, your correspondence suggests you intend to continue
pursuing your grievance against the HCPC regardless of any response you
may receive.


If you are dissatisfied with the handling of your request or complaint,
you have a right to appeal to the Information Commissioner at:


The Information Commissioner's Office

Wycliffe House

Water Lane





Telephone: 08456 30 60 60 or 01625 54 57 45 Website: [1]


There is no charge for making an appeal.


Yours sincerely


Claire Amor
Information Governance Manager

The Health and Care Professions Council
Park House, 184 Kennington Park Road, London SE11 4BU

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Dear FOI,

I assume you know what a 'straw man argument' is? Just because you don't care for the person making the requests doesn't mean you don't have to comply with the FOIA. Rather than delay, prevaricate or refuse, you might try and answer the question you were asked.

1. Your registrar has made a public statement stating the HCPC has never sought to conceal or misrepresent the legislative provisions of the HPO in respect of use of title and in particular the qualifying criteria of "an intent to deceive".

2. You have been asked to provide documentary evidence to support the Registrar's position but have been unable to do so.

3. You have been asked to provide all documents relating to policy statements on the "intent to deceive" element of the offences and all documentation relating to the decision to withhold this information from the registrants and professional bodies - and you refuse citing a Crown Court case which is irrelevant to the questions asked.

Knowingly withholding evidence of a criminal offence is a serious matter. This FOI request has now been referred to the Information Commissioner.

Yours sincerely,

Mark Russell