GMC Criminal Suspensions
Dear General Medical Council FOI/information directorate,
Please can you process the following request within 20 working days. If you plan to refuse the request, please can it be stated within 20 working days with a copy of the public interest test, rather than having to request an internal appeal which only illustrates bad non-transparent governance practice.
For the last two years (2020, 2021) please can you highlight for MPTS/GMC action against doctors with a criminal conviction, where there is a sanction of GMC suspension:
1. The number of doctors (no names) and the mean and median length of criminal suspension by any court
2. The number of doctors (no names) and the mean and median length of GMC sanction of registration suspension
3. You may wish to add inter-quartile ranges but this is not necessary
4. The number of months (rounded by date/actual time) a corresponding GMC suspension (please consider adding a month to cover the interim period before a suspension becomes effective) either undercovers or supersedes the suspension by the court. This may be provided as a list of numbers or table format, whichever is easiest for you.
I look forward to a response.
Yours sincerely,
Dr Ali
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Information Access team
General Medical Council
Email: [GMC request email]
Dear Dr Ali
Your information request – IR1-3307627773
Thank you for your email dated 28 December 2021.
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
Remi Owolabi will be handling your request. If you have any questions you
can call them on 0161 240 7225 or email them at
[1][email address].
Kind regards,
Charlotte Adams
Information Access Team Assistant
General Medical Council
3 Hardman Street, Manchester M3 3AW
Email: [2][email address]
Website: [3]www.gmc-uk.org
Telephone: 0161 240 8125
Working hours: 8am to 2.30pm, Monday to Friday
[4][IMG]
Dear Dr Ali
Your information access request
Thank you for your email dated 28 December 2021.
I consider that the bellow FOIA exemption applies to your request for
information.
Section 14(1) - Vexatious or repeated requests - This exemption provides
that a public authority is not obliged to comply with a request for
information if the request is vexatious. I would like to make it clear
that this is a judgment on your request and not on you as a requestor.
The Information Commissioner has published guidance on vexatious
requests and we have concluded that your request satisfies several of the
criteria provided.
Your right to appeal
I'm sorry I couldn’t provide the information you requested. If you would
like to appeal this decision please set out your reasons in writing to
[1][GMC request email]. Please note that we will only usually consider appeals
received within 40 working days of our response. You can also appeal to
the [2]Information Commissioner, the regulator of the FOIA and DPA at:
Customer Contact
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 0303 123 1113
Yours sincerely
Remi Owolabi
Information Access Officer
General Medical Council
3 Hardman Street
Manchester M3 3AW
Email: [3][email address]
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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 'GMC Criminal Suspensions'.
Thank you for the response, bad practice refusal was expected. I would highlight the date of request 28 December 2021. You are aware of legal action and your department appears to have been given duties to be as obstructive as possible. The Section 14(1) refusal appears to be a generic response to my requests which, actually does, as a trend, appear personal to me. There is also the background of vexatious pre-actions and deceit by the GMC barrister last year e.g. falsified GMC accusations of being arrested by the Police. As this is further related GMC bad practice, I will forward this refusal to the High Court.
This information is/was needed to highlight current practices, regardless of good or bad. To mitigate against information being misused, there was an option for provision of inter-quartile ranges. As you know, refusal will be used in a court of law against the GMC. Your GMC legal colleagues will receive a bundle copy next week, containing your departments related obstructive actions. Thank you.
ICO guidance states that Section 14(1) is applied because of the nature of the request rather than the consequences of releasing the requested information (see https://ico.org.uk/media/for-organisatio...). If this is the case, I highlight a Court of Appeal case https://www.bailii.org/ew/cases/EWCA/Civ... that a request may not be vexatious if "the information sought would be of value to the requester or to the public or any section of the public". Understanding transparently how the GMC deals with criminal convictions and suspended sentences compared to that of the court, would be of value to the public.
Given trends, I would suggest you become acquainted with https://ico.org.uk/media/for-organisatio... Misuse, as it appears the case here, with obstruction is not appropriate when I have a valid legal reason to make this request. Given the Medical Act 1983 (as amended), I would highlight the related refusal only damages reputation of your organisation. Specifically, the GMC have a statutory duty to to protect, promote and maintain the health, safety and well-being of the public - including openly demonstrating how this is done. The GMC should also promote and maintain public confidence in the medical profession, provision of this information would be appropriate but without awkwardness. It is appropriate to escalate this to your director, get advice from a real doctor or escalate to your CEO to consider bad information practice by the GMC.
I am aware of the shoot the messenger policy and I will resist, as a good doctor should.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/g...
Yours faithfully,
Dr Ali
Dear Ali
Thank you for your email dated 25 January 2022.
We will be considering your email as a Freedom of Information Act 2000
(FOIA) appeal. We have a target response time of 20 working days. We will
endeavour to respond to you within this timeframe.
Julian Graves will be handling your request. If you have any questions,
you can call him on 0161 923 6351 or email him at
[1][email address].
Kind regards,
Charlotte Adams
Information Access Team Assistant
General Medical Council
3 Hardman Street, Manchester M3 3AW
Email: [2][email address]
Website: [3]www.gmc-uk.org
Telephone: 0161 240 8125
Working hours: 8am to 2.30pm, Monday to Friday
[4][IMG]
Dear Dr Ali
Further to your appeal below please find attached my response.
Yours sincerely
Julian Graves
Julian Graves
Information Access Manager
General Medical Council
3 Hardman Street
Manchester M3 3AW
Tel. no: 0161 923 6351
Email: [1][email address]
Dear Mr Julian Graves, GMC Information Access Manager
RE: IR1-3326156081, https://www.whatdotheyknow.com/request/g...
Thank you for your response 14 March 2022 in relation to my Christmas time request 28 December 2022. You continue to refuse by misusing Section 14(1) of the FOIA, despite material related live action in the High Court of Justice (England) which by its very nature, means this request cannot be vexatious.
I understand you would like to me to make my requests privately and not use information gathered, against the charitable-status GMC organisation whose salaries (some grotesque) are funded by non-negotiable levies/fees doctors like me, must pay. Such action is not in line with the Duty of Candour, although it allows a non-transparent unfit-for-purpose GMC to continue discrimination and bad practices which is also not in keeping with Good Medical Practice. I am accountable for my actions including remarks, I apologies if you find them disparaging and truthful. I will have to decline your request and continue the needful, otherwise this could be yet another non-medical FtP complaint from the GMC against me which would probably use extracted-part sentences and characteristic-GMC-deceit to create a case, fairly/unfairly (perspective of the beholder). The information is clearly needed and would be provided by any good and proper, fit for purpose organisation. There are also several legal duties placed upon the GMC to disclose which you have failed to address in your response.
I do need the information and feel, it would be the action of a good doctor to share the information openly and transparently, including with the public.
The whatdotheyknow.com website is not at all a platform to raise concerns, I have already done that through proper-channel whistleblowing for which I am receiving the consequences of my action propped up by the GMC and multiple actions and double-jeopardy actions against me, which has led to me seeking knowledge and information for a fair trial. The GMC are aware I have clearly not gone into any detail about HEE-WM and GMC whistleblowing or the numerous inappropriate-systemically-covered-up deaths on this platform. This platform is to gather and importantly, openly share information publicly in the spirit of the Freedom of Information Act (FOIA). Your views although representative of the GMC as a non-medical manager, does damage the public perception and reputation of the GMC. I have been open about conflicts of interests as is the professional burden placed upon me.
Provision of FOIA information on this platform, such as the Rule 12 request, which your colleague was involved with, is helpful and clearly not vexatious. Although it does demonstrate the habitual slowness/failures of your directorate. https://www.whatdotheyknow.com/request/g... which I have also complained to the Information Commissioner’s Office about as the GMC will only give lip-service rather than address the problems. GMC vexatious adversarial and inflexible refusals leads to circumstances such as this which your GMC legal team whom have been instructed to contact you, may explain.
You are aware of the public Interest test in this request and appear to Use Rule 14(b) inappropriately but expectedly. I am aware you have disdain of my intelligence and insight, maybe you should speak to your legal colleagues about smoke and mirrors, as they so love. Given circumstances and also your refusal to escalate, it seems I will have to further highlight more, bad GMC practices to the High Court, with this request, and your obvious conflict of interest, given submissions already in court. Then if your legal department has not highlighted the errors of your ways and letters (pleural, as above) that has led to significant expense, including my time, I will continue this and other requests after considering decisions by the Information Commissioner’s Office and MPT case directions. The information will still be needed and is still in the Public-interest. It is not fair your FtP department takes significant time to investigate, often going into years if you are Black or Asian, but I might as well use the expected unreasonable excessive time to obtain information needed, as even your adversarial slow departments will, as has been the case, refuse to provide documents/complaints and evidence in a timely manner for another MPTS/GMC tribunal.
Yours sincerely,
Dr Ali
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S. Ali left an annotation ()
Fact Check Request
Related to my email 25 Jan 2022 which does highlight an explanation of the request. A background of GMC vexatious pre-actions and deceit by the GMC barrister. This request is actually 'a fact-check request' of other falsified statements by the same GMC barrister. I professionally picked up his deceit by his body language but that is professional and subjective, not objective evidence that can be used to raise concerns at the Bar Standards Board or the High Court to highlight the contradiction, hence I made the request.
Despite other jobsworth re-prosecution of other doctors by GMC which clearly appear to contradict the GMC Barrister, I could be wrong with a larger sample size or due to the obvious confounder of race, where white doctors are treated differently to BAME doctors, especially as a series of high profile GMC figures have admitted their organisation is racist. Although it is reasonable for me to accept this postulation, it is prudent to fact-check as best as possible, before taking action. I am still of the belief the GMC employed-MPTS will go to great lengths to actively hide any deceit by the GMC in their kangaroo hearings, as they believe it undermines public confidence in the profession/them, including deceit highlighted above and explored at https://www.whatdotheyknow.com/request/m...
Related to the above and originally stemming from a cost-threat email by the GMC (the GMC is privately funded by mandatory subscriptions from doctors and not the public purse but is somehow a charity). I have also received and replied to an email sent to me via the GMC legal department in connection to this request:
14th April 2022
Dear Mr Legard and [GMC legal representative],
Thank you for your email today, I am disappointed in its contents. I have already requested escalation to your CEO Mr Charlie Massey and not yourself as the latest prompt publicly shows. I am still awaiting the response from him. You have not offered a working alternative mechanism but the whatdotheyknow platform is legally compliant. Regarding your ICO suggestion; I have already made complaints to the ICO whom have suggested I should continue to obtain the information sought. It is also clear, their intervention will take some time but your refusals or provisions, will be provided to them. In any case, they probably cannot get involved until the related cases I intend to use the information for, are complete given the small print. They have advised me to give your slow department, extra time for the latest request, so I would urge you to see the bigger picture and reconsider the vexatious cross-organisation refusal of information.
The GMC having a certain negative adversarial culture and ethos, which means would mean you would find the fact I made any request as being vexatious. Clearly given previous email requests I expect ongoing difficulty, learning from that I have changed to the whatdotheyknow platform, which is also more in keeping with Good Medical Practice. I am fully aware if the information can be used against the GMC; any request in that light is extra vexatious and you will be looking actively to refuse but that also means the refusal is against Section 14. We will see what the ICO say. If they were genuinely vexatious you would be taking this to another FTP tribunal. Like your GMC/MPTS colleagues as third-parties with the newest FTP hearing for clear persistent over-disclosure with a failed enquiry for non medical work and giving too much information to [another legal entity, not consented to disclose].
My requests are quite clearly genuine requests especially if you start looking at both GMC FTP complaints received and made, experiences and the fact I need to defend myself. Whilst it is also very clear to any common person, you will do everything possible to weaken a defence as you are prosecuting, moreso as I highlighted prior-concerns which historically undermine your organisation (with some support from [removed name], the whistleblowing charity). It is obvious I do require information sought, especially with a High Court Appeal which is quite clearly, in black and white, it is in progress. If Mr Graves had not persistently appeared across requests to actively be looking for any excuses to do nothing (unless for prosecution) and deliberately slow in his responses, it is possible depending on the information not provided, I may not have made the current High Court Appeal related to GMC Criminal re-prosecution/suspension, in the first place.
[paragraph removed related to other legal matters and further GMC bad practice before, that I will not allow this to happen again. The information will be demanded, I am allowed to have a fair trial.]
I have clearly made my requests early given that the GMC triage process is unfair, institutional and a forgone conclusion.
I have written my requests as generically as possible, thus the public interest is not served in withholding information such as the Judge Hooper Pilot Report. Given the impasse, you will have to accept a third-party will decide if it is in the Public Interest. Unless, I am hoping your CEO will see different especially with the BMA Council national elections. I and all those in the profession I have spoken to, strongly do not feel the GMC is not Fit for purpose (the evidence may be presented at the next MPT) before I consider significantly more public press releases. The more your department non-transparently hides information the worse it appears, which is essentially why your colleagues despise the whatdotheyknow platform.
I would urge you to reconsider the ongoing adversarial and unfair bad practices of your department. The information is clearly needed, it is reasonable and it does piece together.
Yours sincerely,
Dr Ali
[censored]
From: Andrew Ledgard
Sent: 14 April 2022 17:02
Dear Dr Ali, thank you for your email of 22 March which has been passed to me for reply. I am Julian Graves’ line manager.
I have taken the opportunity to review your previous correspondence with my colleagues and our application of an exemption under FOIA S.14(1). This exemption applies to vexatious FOIA requests as you know – “Section 1(1) does not oblige a public authority to comply with a request for information if the request is vexatious”. Having reviewed earlier correspondence, I am satisfied that this exemption has been correctly applied and the public interest is served in withholding the requested information. It is my view that you have intentionally used the Whatdotheyknow online portal as a platform to express derogatory comments about the work of the General Medical Council and its staff. We have suggested alternative mechanisms for you to make requests but you have declined to do so. I therefore uphold Mr Graves’ decision of 14 March 2022.
As you are aware, you are free to refer this matter to the Office of Information Commissioner. His details are available here.
Yours sincerely,
Andrew Ledgard
Head of Information Policy & Data Protection Officer
General Medical Council