Dear General Medical Council,
What was the result of your investigation into the allegations made about Dr Barbara hakin ?

Is Dr hakin subject to a current investigation by the gmc ?

As Dr hakin holds a very senior role in the nhs executive , and is responsible for the provision of healthcare to the population of England, is it not in the public interest to refer the allegations to the interim orders panel ?

Is it not in the public interest to disclose the response you have received from Dr hakin so far ?

Are doctors who hold senior positions in government or politics treated differently by the gmc ?

Yours faithfully,

Stewart Parker

FOI, General Medical Council

Dear Mr Parker

 

Your information request – F15/7113/SL

 

Thank you for your email dated 30 May 2015 asking for information relating
to Dr Barbara Hakin.

 

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

 

Sarah Leigh will be handling your request. If you have any questions you
can call her on 0161 923 6398 or email her at [1][email address]. 

 

Yours sincerely

Miss Sadie Jones

Information Assistant

[2][email address]

0161 250 6889

 

General Medical Council

3 Hardman Street

Manchester

M3 3AW

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Sarah Leigh (0161 923 6398), General Medical Council

Our reference: F15/7113/SL

Dear Mr Parker

I'm writing to respond to your below request made under the Freedom of Information Act 2000 (FOIA). I've replied to each of your questions below:

1) What was the result of your investigation into the allegations made about Dr Barbara hakin ?
2) Is Dr hakin subject to a current investigation by the gmc ?

I can confirm that Dame Barbara Hakin is not under investigation by the GMC. We are however reviewing a decision made as part of our original investigation in 2013. This process, known as Rule 12, enables the GMC in certain circumstances to review a decision previously made. I can’t provide any further information because it would breach the Data Protection Act 1998 (DPA) to give this to you.

We believe it’s reasonable for doctors and complainants to expect that complaints will be treated as confidential. It is only if a case progresses to a public hearing, or the doctor receives a sanction on their registration, that certain information may be made publicly available by the GMC. Where this doesn’t happen the information remains the confidential personal data of the doctor and other parties involved. I’ve given details of the exemption under the FOIA which applies below.

Section 40(2), by virtue of section 40(3)(a)(i) - This exemption applies where the information is the personal data of a third party and where releasing the information would breach any principle of the DPA. In this instance disclosure would breach the first principle of the DPA, which requires the processing of information to be 'fair and lawful'. I believe the conditions in Schedule 2 of the DPA, which are about the processing of personal information, are not met and therefore giving you the information would be unlawful.

3) As Dr hakin holds a very senior role in the nhs executive , and is responsible for the provision of healthcare to the population of England, is it not in the public interest to refer the allegations to the interim orders panel ?

This is a general query asking for the GMC's view, not a request for recorded information as described under the FOIA. I therefore confirm that we do not hold the information requested.

4) Is it not in the public interest to disclose the response you have received from Dr hakin so far ?

This is a general query asking for the GMC's view, not a request for recorded information as described under the FOIA. I therefore confirm that we do not hold the information requested.

5) Are doctors who hold senior positions in government or politics treated differently by the gmc ?

This is a general query asking for the GMC's view, not a request for recorded information as described under the FOIA. I therefore confirm that we do not hold the information requested.

I'm sorry I couldn’t provide all the information you requested. You can appeal against this decision to Julian Graves, Information Access Manager. If you want to appeal, please set out your reasons and write to him at the above address or email [email address]. You can also appeal to the Information Commissioner, the regulator of the FOIA and DPA – we can provide more details about this if you need them.

Yours sincerely

Sarah Leigh
Information Access Officer
General Medical Council
3 Hardman Street, Manchester M3 3AW

Email: [email address]
Website: www.gmc-uk.org
Telephone: 0161 923 6398

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