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Copy of determination from recent IOC hearing

James Williams made this Freedom of Information request to General Dental Council

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Dear General Dental Council,

Can you then provide me with a copy of the determination from the IOC hearing from registrant Mike Mew?

Yours faithfully,

James Williams

Freedom of Information Requests, General Dental Council

 

Thank you for your message, which has been received by the Freedom of
Information (FOI) Team at the General Dental Council.

 

We aim to acknowledge official requests for information individually.
Please note however, in accordance with the Freedom of Information Act you
will receive a response to any FOI request within 20 working days, the
first day being the working day following our receipt of your query. Any
request under the Data Protection Act will be answered within 30 calendar
days, the first day being the same day as receipt of your query.

 

In either case, we will respond as soon as possible.

 

Any query sent to this e mail address which does not relate to FOI or Data
Protection will be forwarded to the relevant team for response.

 

Thank you for contacting the General Dental Council.

 

Information Governance Team

General Dental Council

Email. [1][General Dental Council request email]

Web: [2]www.gdc-uk.org 

General protecting patients,
Dental regulating the dental team
Council

 

[3]f [4]t [5]You Tube [6]Sign up to our newsletter

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Registered office: General Dental Council, 37 Wimpole St, London, W1G 8DQ.

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Freedom of Information Requests, General Dental Council

This message was sent from the General Dental Council Secure File Sharing
System from email address [General Dental Council request email] to
[FOI #551464 email].

Name: Mr James Williams

Via email: [FOI #551464 email]

18 February 2019

 

Dear Mr Williams,

 

Thank you for your request for information dated 09 February 2019 December
2018, where requested the determination from the Interim Order Committee
(IOC) hearing for Mr Michael Mew.

Your request has been considered under the Freedom of Information Act 2000
(the FOI Act).

We can confirm that we hold one determination document relating to an IOC
hearing held on 14 December 2018. It may be helpful if I explain that the
IOC considers whether it is necessary to make an order affecting an
individual's registration for the protection of the public or otherwise in
the public interest or in the interest of the individual concerned pending
the outcome of an inquiry by one of the Practice Committees. The IOC
conducts a risk assessment only. The IOC does not investigate the
allegations or conduct a fact-finding exercise. These functions are
reserved for the Practice Committee. As the IOC will often be considering
a matter at an early stage of the General Dental Council’s (GDC)
investigation, it may only have limited information available at the time
of the hearing. Allegations may be added to or amended prior to the matter
being determined by a Practice Committee. You may find it helpful to view
the [1]Interim Orders Guidance  for the IOC on our website for further
information.  

We are mindful of the fact that paragraph 27 of the General Dental
Council’s (GDC) [2]Disclosure and publication policy states that where no
interim order is made, the determination will not be published or appear
against the registrant’s register entry. The outcome statement “no order”
will show on the GDC website for one month. However, we are also mindful
of the fact that paragraph 82 of the disclosure and publication policy
states that any requests for information received under the FOI Act will
be reviewed on a case by case basis. Disclosure would not be automatically
refused.

As a general principle, public bodies are required to be open and
transparent. As a regulator there is also an obligation on the GDC to make
the outcome of Interim Order Committee hearing public, where as a matter
of public safety and confidence it is in the public interest to do so. At
the same time the information you have have requested is also the personal
data of the registrant (Mr Mew). As such we are required to comply with
the Data Protection Act 2018 (the “DPA”) in relation to all uses of that
data.

 

When considering whether disclosure of information is a breach of the Data
Protection Principles in Article 5(1) of the General Data Protection
Regulation (GDPR), Principle (a) being the most relevant, we first need to
consider whether disclosure is lawful and then whether it is fair. In the
case of special category data, we must also satisfy one of the conditions
listed in Article 9 of the GDPR.

 

We have concluded that we are able to provide you with a copy of the IOC
determination that we hold for Mr Mew, which is enclosed. We outline our
reasons for these conclusions below.

 

The IOC hearing in relation to the determination you are referring to was
held in public. There is a public interest in the GDC being accountable
for decisions to seek Interim Orders. There is also a public interest in
the public being able to view the reasoning behind the IOC decision made
on this occasion.

 

The IOC concluded that Mr Mew did not present a risk to the public or
wider public interest such that interim restrictions upon his registration
were necessary. In addition, Mr Mew has released information about the
outcome of the hearing into the public domain himself and therefore we do
not consider we would be breaching any duty of confidence by releasing
what is largely the same information in the determination document. The
content of the penultimate paragraph of the IOC determination requested
has been published (read out verbatim) by Mr Mew in a video he has posted
on You Tube (at
[3]https://www.youtube.com/watch?v=L-BsQrVL... and on his
website ([4]https://orthotropics.com/gdc-outcome/).

 

In addition, Mr Mew has also published information about  the concerns
considered by the British Orthodontic Society (BOS) in its investigation,
which overlap with the concerns the BOS referred to the GDC, and which
were considered by the IOC on his website
[5]https://orthotropics.com/british-orthodo....
We are therefore of the view that we have a lawful basis for processing
(i.e. releasing into the public domain under the FOI Act) the personal
information of Mr Mew contained in the determination under Article 6(1)(e)
or 6(1)(f) and Article 9(2)(g) or 9(2)(e) of the GDPR and that we are not
breaching the principle in Article 5(1)(a) of the GDPR.

 

Internal review and complaints procedure

 

I hope you have found the response provided helpful. However, if you are
dissatisfied with our response or how your request has been handled you
can ask that an internal review be carried out.

 

Requests for a review should be addressed to:

 

Principal Legal Adviser

General Dental Council

37 Wimpole Street

London

W1G 8DQ

Email: [General Dental Council request email]

 

If, at the end of the review process, you are not satisfied with the
response that you receive, you may write to the Information Commissioner,
who is appointed to consider such complaints, at:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 0303 123 1113

Website: [6]www.ico.org.uk

 

Yours sincerely,

 

Grace Perry

Information Officer

Freedom of Information Team

Phone: +44 (0)20 7167 6164

Email. [email address]

Web: [7]www.gdc-uk.org

[8]f [9]t [10]You Tube

 

 

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Summary of files available to download:

Filename Size Checksum (SHA1)
MEW IOC
(initial) 39.3
Determination KB 0cc7ad80ddb202d72987418ff87ebbb9e1df2652de6b60f58d57b26d4bb42ba0
- December
2018.pdf

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Message ID: bsSrETb9N8gngp2LHbdiYR

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The material transmitted in this email and attachments is intended only
for the person or organisation to whom it is addressed and may contain
confidential and privileged information. If you are not the intended
recipient, or the message contains information relating to a third party
apparently included in error, please do not review, re transmit, share,
disclose, print, store or take any action in reliance on its contents in
any way whatsoever.

If you receive this email in error, please contact the sender on telephone
number (GDC) 020 7167 6000 or (DCS) 020 8253 0800, delete the material
from any computer and destroy any copies made.

Communications transmitted over the Internet are not always secure. The
process of transmission may have infected the message and its contents
with a computer virus or other malware. The General Dental Council will
not accept any responsibility whatsoever for damage caused to the
recipient's computer systems when the message or contents are opened.

DATA PROTECTION: Information about how the GDC will use and share the
information you give us, can be found in the privacy notice on our website
gdc-uk.org/privacy

SUPPLIERS: The GDC’s standard payment terms are 30 days from receipt of
undisputed invoice. In order to minimise delays to payment, please ensure
that you quote the GDC’s official Purchase Order number on all your
invoices.
--------------
Registered office: General Dental Council, 37 Wimpole St, London, W1G 8DQ.

References

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3. https://www.youtube.com/watch?v=L-BsQrVL...
4. https://orthotropics.com/gdc-outcome/
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We don't know whether the most recent response to this request contains information or not – if you are James Williams please sign in and let everyone know.