Dr Ewa Michalak

Dr Helen Bright made this Freedom of Information request to General Medical Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by General Medical Council.

Dear General Medical Council,

This is the request made under Freedom of Information Act 2000:

1.Could you, please, forward all determinations from all hearings by Interim Order Panel (s) and other FTP panels if there were any in the case of Dr Ewa Michalak?

2. Are there any conditions on her practice now?

3. Please, do not wait for 20 days to answer number 2

4. Her case has a great public interest attached to it, so please state how you have weighed that public interest when deciding on disclosures while keeping in mind Information Commissioners Awareness Guidance 1 & 3 which you should have.

5. Please, state if you had any Notice under any section of Data Protection Act 1998 from Dr Michalak preventing disclosure of the requested information by 19-12-2011 and if you have at the time you reply to me to this request.

6. Please,note that Dr Ewa Michalak's Employment Tribunal Determination has been published. It does state that she suffered with depression and Post-traumatic Stress Disorder so it is very unlikely that she would object to you publishing to me GMC determinations in her case on the grounds of privacy.

Yours faithfully,

Dr Helen Bright

FOI, General Medical Council

Dear Dr Bright

Your information request - F11/4270/ME

Thank you for your email of 19 December 2011 asking for information
under the Freedom of Information Act 2000 (FOIA).

We will consider your request and give you the information as soon as we
can, normally within the 20 working-day limit set by the FOIA.

Please note that there may be some information which we cannot release
to you under the FOIA. If this is the case, we will let you know why and
state the relevant exemptions given in the FOIA. We will also give you
information about how to appeal our decision.

I have allocated your request to Mark Ellen. If you have any questions,
please contact him on 0161 923 6347 or email [email address].

Yours sincerely

Sarah Leigh
Information Access Team Administrator
0161 923 6398
[email address]

General Medical Council
3 Hardman Street
Manchester
M3 3AW

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Dear FOI,

I have the answer to question number 2 now.

Yours sincerely,

Dr Helen Bright

Mark Ellen (0161 923 6347), General Medical Council

1 Attachment

Dear Dr Bright

I apologise for the delay in responding to your e-mail of 19 December
2011. Please now see attached response.

Regards
Mark Ellen

Unless otherwise expressly agreed by the sender of this email, this communication may contain privileged or confidential information which is exempt from disclosure under UK law. This email and its attachments may not be used or disclosed except for the purpose for which it has been sent.

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General Medical Council

3 Hardman Street, Manchester, M3 3AW

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The GMC is a charity registered in England and Wales (1089278) and Scotland (SC037750)

Dear General Medical Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of General Medical Council's handling of my FOI request 'Dr Ewa Michalak'.

1. Section 40 has been misapplied because Dr Ewa Michalak's case has been very much public including her history of secondary mental health problems related to bad treatment she suffered in the NHS Trust where she worked.

2. Dr Ewa Michalak suffered from vexatious complaints to GMC and by refusing to provide the requested information, I believe, GMC is avoiding administrative accountability. While, I am aware that she managed to win both at the Employment Tribunal and the High Court, GMC was ready to do her in and did to an extent. One cannot withold requested data in order to avoid administrative embarrassment by misapplying sections of Freedom of Information Act 2000 or Data Protection Act 1998.

3. GMC failed to ask Dr Michalak if she objects to disclosures. Even if she did object to disclosures it would be unreasonable as the judgment from ET and the High Court is in the public domain already.

4. None of the principles of Data Protection Act 1998 would be breached, because processing would be fair. sensitive personal information about Dr Michalak's health problem is already in the public domain.

5. Here is section 40 of Freedom of Information Act 2000:

http://www.legislation.gov.uk/ukpga/2000...

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/dr...

Yours faithfully,

Dr Helen Bright

FOI, General Medical Council

Dear Dr Bright

Thank you for your email below. Your request for a review will receive our attention in line with our comments and complaints procedure for information requests. This sets a target response time of 20 working days. We will endeavour to respond to you within this timeframe.

If you have any further queries in the meantime, please do not hesitate to contact us.

Yours sincerely

Samantha Cordon
Information Access Administrator
0161 923 6286
[email address]

General Medical Council
3 Hardman Street
Manchester
M3 3AW

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sarah laws left an annotation ()

Dear Dr Bright,

I am researching criminal and professional regulatory matters and prejudice therein.
I have read the transcripts and note the employment tribunal described the vexatious medical director and other culpable doctors as being proficient 'liars'

Will the gmc let us know if they have launched investigations into the conduct of these culpable doctors? or will the gmc state that they have not done so because they have not received any complaints about these doctors..?

Dr Helen Bright left an annotation ()

Ms Laws,
Parliamentary Health Select Committee would probably, like GMC to take some measures against medical directors who engage in vexatious complaints but I have never known GMC to take any disciplinary action.
Personally, I have submitted a lot of evidence to GMC in another case or two, where those who take action in ET are seriously damaged by retaliatory action through medical regulator, but I have never been successful.

Julian Graves (0161 923 6351), General Medical Council

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Dear Dr Bright

Please find attached my response in respect of your email.

Yours sincerely

Julian Graves

Julian Graves
Information Access Manager
General Medical Council
3 Hardman Street
Manchester
M1 3AW

Tel. no: 0161 923 6351
Email: [email address]

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