Ex-prisoner Dr Kevin WHITELEY GMC ref. no. 3689611 – restricted/unrestricted registration

J Roberts made this Freedom of Information request to General Medical Council

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Dear General Medical Council,

Dr Whiteley failed in his application to have his name restored to the medical register:

https://www.mpts-uk.org/-/media/mpts-rod...

At paragraph 61 (v) of the decision it states:

'the GMC publication Indicative Sanctions Guidance (April 2009) contained paragraphs on Sex Offenders and Child Pornography, which clearly stated (at paragraph 99) that: "The Council has made it clear that no doctor registered as a sex offender should have unrestricted registration"'

1. This paragraph suggests to me that doctors who are registered sex offenders can have restricted registration. If I am correct, please send me information on the number of doctors currently registered as sex offenders who have restricted registration.

2. Please also provide information on what it means to be on the medical register in some capacity other than 'unrestricted'.

Yours faithfully,

J Roberts

FOI, General Medical Council

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J Roberts left an annotation ()

Some useful information relating to another recent failed restoration case concerning 'sexually motivated' conduct found proved:

Dr Adekunle ADEOSUN GMC ref. no. 3598377

https://www.mpts-uk.org/-/media/mpts-rod...

'33. The test to be applied by Tribunals when considering if a doctor should be restored is that set out in GMC v Chandra [2018] EWCA Civ 1898, and restated in the Guidance, namely: ‘having considered the circumstances which led to erasure and the extent of remediation and
insight, is the doctor now fit to practise having regard to each of the three elements of the overarching objective.’

34. The Tribunal reminded itself that, in making its decision, it should consider the following factors:

• the circumstances that led to disciplinary erasure;
• whether the doctor has demonstrated insight into the matters that led to erasure, taken responsibility for their actions, and actively addressed the findings about their behaviour and skills including consideration of:

➢ insight and remorse;
➢ remediation and risk of repetition;
➢ whether findings about the doctor’s behaviour have been remedied;
➢ likelihood of repetition of the previous findings about the doctor’s behaviour;

• what the doctor has done since their name was erased from the Register including consideration of:

➢ overseas practice;

• steps the doctor has taken to keep their skills and knowledge up to date; and
• the lapse of time since erasure.'

FOI, General Medical Council

Dear J Roberts,

 

Your information request – IR1-3204171681

Thank you for your email dated 8 September, in which you ask for the
number of doctors currently registered as sex offenders who have
restricted registration and information on what it means to be on the
medical register in some capacity other than 'unrestricted'

 

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

Mark Ellen 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

 

show quoted sections

Mark Ellen, General Medical Council

1 Attachment

Dear J Roberts

 

IR1-3204171681

 

Thank you for your e-mail of 8 September 2021.

 

I should firstly explain that the GMC does not have access to the sex
offenders register. However, where a doctor is convicted of a sexual
offence we will always obtain the certificate of conviction from the court
which, if applicable, will specify the doctor’s entry on the sex offenders
register.

 

Accordingly, I have searched the records of the group of doctors who (as
at 21 September 2021) were registered with the GMC and who have a criminal
conviction for a sexually related offence (this includes doctors who have
been convicted of soliciting). We have assumed that it is this cohort of
doctors who may be on the sex offenders register, unless we hold specific
information that they are not.

 

We have reviewed this cohort and have identified one doctor who holds
restricted GMC registration (the doctor’s registration is subject to
conditions), and who was added to the sex offenders register earlier this
year for a period of 5 years.

 

As regards your query about what it means to be on the GMC register in a
capacity other than unrestricted; this link details the actions that can
be taken on a doctor’s registration:

[1]https://www.gmc-uk.org/concerns/informat....

 

I hope that this information is helpful to you.

 

 

Kind regards

Mark 

 

 

Mark Ellen
Information Access Team
General Medical Council
3 Hardman Street
Manchester  M3 3AW
Direct Line: 0161 923 6347

 

[2][IMG]

 

From: FOI
Sent: 10 September 2021 09:48
To: [FOI #789920 email]
Subject: RE: Freedom of Information request - Ex-prisoner Dr Kevin
WHITELEY GMC ref. no. 3689611 – restricted/unrestricted registration

 

Dear J Roberts,

 

Your information request – IR1-3204171681

Thank you for your email dated 8 September, in which you ask for the
number of doctors currently registered as sex offenders who have
restricted registration and information on what it means to be on the
medical register in some capacity other than 'unrestricted'

 

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

Mark Ellen will be handling your request. If you have any questions you
can contact him via email at [3][email address].

 

Yours sincerely

 

Lauren Barrowcliffe

Information Access Team Assistant

 

[4][email address]

General Medical Council

3 Hardman Street

Manchester

M3 3AW

 

show quoted sections

J Roberts left an annotation ()

'Guidance for assistant registrars on making decisions in relation to a doctor subject to restricted registration'

Paragraph 23:

'23 Examples of breaches of undertakings or conditions that are likely to merit referral are:

a repeated or persistent failure to engage with the GMC and/or supervision
b evidence of failure to comply with restrictions to abstain from alcohol or drugs
c evidence of deterioration of professional performance following attempts at remediation.
d evidence of deterioration of medical condition, where the doctor demonstrates a lack of insight and fails to engage in treatment or follow the advice of the medical supervisor and/or treating doctors
e evidence of deterioration of English language for example where we are notified of additional concerns about the doctor’s knowledge and use of English or if the doctor has not provided evidence of achieving a satisfactory IELTS or OET score. '

https://www.gmc-uk.org/-/media/documents...