Doctors with simple caution for common assault/battery referred to MPTS

The request was partially successful.

Dear General Medical Council,

Could you kindly provide answer to the questions below:

In the last 5 years, how many doctors have been investigated by the GMC following acceptance of a police simple caution for common assault or assault by beating and what are their ethnicities.

Of the above number, how many doctors were referred to the Medical Practitioners Tribunal service (MPTS) and what are the ethnicities of the doctors referred to the MPTS.

Yours faithfully,

Dan Harris

FOI, General Medical Council

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FOI, General Medical Council

Dear Mr Harris

 

Your information request - F18/9914/MM

 

Thank you for your email dated 31 December 2018.

 

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

 

Matthew McCoig-Lees will be handling your request. If you have any
questions you can call him on 0161 923 6579 or email him at
[1][email address].

 

 

 

Yours sincerely

 

Loredana Cojan

 

Information Access Team  Administrator

[2][email address]

 

0161 240 8189

 

General Medical Council

3 Hardman Street

Manchester

M3 3AW

 

 

 

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Matthew McCoig-Lees (0161 923 6579), General Medical Council

Dear Mr Harris

 

I write further to previous correspondence with a substantive response
under the Freedom of Information Act 2000.

 

I have searched the data of closed cases between 2014 and 2018 and I have
identified 20 doctors who  have been investigated by the GMC following
acceptance of a police simple caution for common assault or assault by
beating.

 

The ethnicity of these doctors is set out below:

 

Ethnic Origin - Level 1 # Doctors
Asian or Asian British 7
Black or Black British 1
Mixed 1
Other Ethnic Groups 1
Not known 5
White 5
Grand Total 20

 

 

Of these, 3 were referred to a hearing. However, I cannot disclose the
ethnicities of the doctors who were referred to a hearing as, coupled with
the information in the public domain it would be possible to match up  a
particular ethnic origin to specific doctor and we believe that its
reasonable for doctors to have their ethnicity kept confidential.

 

I’ve given details of the exemption under the FOIA which applies below.

 

The exemption

 

Section 40(2), by virtue of section 40(3A)(a)

 

This exemption applies where the information is the personal data of a
third party and where releasing the information would breach any of the
principles relating to the processing of personal data listed at Article 5
of the General Data Protection Regulation (GDPR). In this instance
disclosure would breach the first principle, which requires the processing
of information to be fair, lawful and transparent. I do not believe that
any of the legal bases for processing listed at Article 6 of the GDPR are
met and therefore giving you the information would be unlawful.
Additionally, I do not believe that any of the legal bases for processing
listed at Article 6, or any of the conditions for processing special
category data listed Article 9 of the GDPR, are met and therefore giving
you the information would be unlawful.

 

Your right to appeal

 

I hope you find this information helpful. If you have any comments about
the way I have handled your request, please write to the Information
Access Manager using [1][email address].

 

I'm sorry I couldn’t provide the information you requested. You can appeal
against this decision to the Information Access Manager.  If you want to
appeal, please set out your reasons and write to [2][GMC request email].   You
can also appeal to the Information Commissioner, the regulator of the FOIA
and GDPR/DPA – we can provide more details about this if you need them.

 

Kind Regards

 

Matt

 

Matthew McCoig-Lees

Information Access Officer

Information Access Team

General Medical Council

3 Hardman Street

Manchester

M3 3AW

Email: [3][email address]

Website: www.gmc-uk.org

Tel: 0161 923 6579

 

From: loredana.cojan On Behalf Of FOI
Sent: 02 January 2019 13:37
To: Dan Harris
Cc: Matthew McCoig-Lees (0161 923 6579)
Subject: RE: Freedom of Information request - Doctors with simple caution
for common assault/battery referred to MPTS

 

Dear Mr Harris

 

Your information request - F18/9914/MM

 

Thank you for your email dated 31 December 2018.

 

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

 

Matthew McCoig-Lees will be handling your request. If you have any
questions you can call him on 0161 923 6579 or email him at
[4][email address].

 

 

 

Yours sincerely

 

Loredana Cojan

 

Information Access Team  Administrator

[5][email address]

 

0161 240 8189

 

General Medical Council

3 Hardman Street

Manchester

M3 3AW

 

 

 

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Dear Matthew McCoig-Lees (0161 923 6579),

Thank you for your reply, I do not see any reason why this information should be witheld as you have already highlighted the ethnicities of doctors you investigated and information found elsewhere e.g the MPTS website does not state doctor's ethnicities.
I have done a review of the MPTS hearings and it does appear that the doctors referred for hearing were 2 Black doctors and 1 Asian doctor. There was no single white doctor referred for a hearing although they make up 25% of doctors (the second highest ethinic group) investigated for common assault/battery. Perhaps this is the information you are worried about making public.

Again, thank you for your response. I require no further response.

Yours sincerely,

Dan Harris

Matthew McCoig-Lees (0161 923 6579), General Medical Council

I am out of the office on Friday 25 Jan 2018.

 

While I am away I will have no access to my emails and they are not
automatically forwarded.

 

If your query is urgent please phone 0161 923 6579 and a team member will
assist you or email [GMC request email].

 

Please be aware I may have a number of emails to respond to upon my return
but I will reply as soon as I can. Thank you.

 

 

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.

show quoted sections

minal mistry left an annotation ()

I too was confused by GMC's response in not revealing the ethnicity of doctors referred to a hearing.

The doctors referred for a hearing have already been publicly named and shamed on the MPTS website regarding their police caution for common assault or assault by beating. However, the GMC think it would be unreasonable just to reveal their ethnicity ... really!