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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 [1][email address].

Yours sincerely

Lauren Barrowcliffe

Information Access Team Assistant

[2][email address]

General Medical Council

3 Hardman Street

Manchester

M3 3AW

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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 Doctor |Number of cases|Outcomes of |
| |Appeals concluded in |remitted to |Remitted MPTS|
| |period |MPTS |Hearings |
| | | | |
| | |  | |
|---------------+--------------------------+---------------+-------------|
|1 April 2017-31|25 |1 |No Impairment|
|March 2018 | | | |
| | | |  |
|  | | | |
|---------------+--------------------------+---------------+-------------|
|1 April 2018-31|20 |1 |Suspension |
|March 2019 | | | |
| | | | |
|  | | | |
|---------------+--------------------------+---------------+-------------|
|1 April 2019-31|20 |2 |Erasure |
|March 2020 | | | |
| | | |  |
|  | | | |
| | | |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 GMC|Number of cases|Outcomes of Remitted |
| |Appeals concluded |remitted to |MPTS Hearings |
| |in period |MPTS | |
| | | | |
| | |  | |
|---------------+------------------+---------------+---------------------|
|1 April 2017-31|25 |11 |Erasure x2 |
|March 2018 | | | |
| | | |  |
|  | | | |
| | | |Suspension x5* |
| | | | |
| | | |  |
| | | | |
| | | |Order Revoked |
| | | |(Combined hearing |
| | | |covering two cases) |
| | | | |
| | | |  |
| | | | |
| | | |Restoration |
| | | |Application Granted^ |
| | | | |
| | | |  |
| | | | |
| | | |Restoration |
| | | |Application Refused |
| | | | |
| | | |  |
| | | | |
| | | |  |
|---------------+------------------+---------------+---------------------|
|1 April 2018-31|5 |1 |Conditions |
|March 2019 | | | |
| | | | |
|  | | | |
|---------------+------------------+---------------+---------------------|
|1 April 2019-31|1 |1 |Suspension |
|March 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: [1][email address]

Website: [2]www.gmc-uk.org

Tel: 0161 923 6579

[3]Coronavirus email footer_artwork_5-01 REWORK

From: FOI
Sent: 26 November 2020 16:08
To: [FOI #708821 email]
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 [4][email address].

Yours sincerely

Lauren Barrowcliffe

Information Access Team Assistant

[5][email address]

General Medical Council

3 Hardman Street

Manchester

M3 3AW

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Dear J Roberts

Thank you for your email.

I think the easiest thing to do is to attach my response to you as a PDF. See attached.

Please let me know if this doesn’t clearly show the data you requested.

---
Kind Regards

Matt

Matthew McCoig-Lees
Information Access Officer
Information Access Team
General Medical Council
3 Hardman Street
Manchester
M3 3AW
Email: [email address]
Website: www.gmc-uk.org
Tel: 0161 923 6579

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