GMC ignoring complaints- 2 Kensington Doctors + Dr.Murch

Liz R (Account suspended) 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.

Liz R (Account suspended)

Dear General Medical Council,

How many complaints have been received about Dr.Kate O'Brien please-
this doctor diagnosed me with Lymphedema (by post), pcos (by post), asthma (wrongly and wrongly prescribing steroids for it also) and how many complaints have you received about Dr Ali (Brompton Rd)whom
diagnosed me with 'all over body tendonitis' and 'mumps of 7 years'

I am not being replied to in the regular way via PCT about these matters and previously been ignored by the GMC here too-so am replying using FOI rather than DPA as FOI is more helpful in case anyone else has suffered from these GP's?

I found both of these GPs to be pleasant people, but not helpful and possibly unprofessional, when will they accept accountability? Doctors like this have harmed me, I'm sure they must have harmed others, why won't they stop hurting people and begin to help instead?

Please send any recorded information about the number of complaints received regarding these two GP's (I also refer you to my complaint regarding Dr. Simon Murch giving my son a colonoscopy without my permission, as he was the next-door neighbour of Dr. K. O'Brien at the time and I am suspicious of the motives here)

Yours sincerely,

Liz R

FOI, General Medical Council

Our ref: F10/2708/EH

Dear Ms R

Information Request

Thank you for your e-mail of 22 January 2010 in which you request
information in accordance with the provisions of the Freedom of
Information Act 2000 (FOIA).

We will consider your request and you will normally receive the
information you seek within the 20 working day limit set by the FOIA.

The FOIA lists a number of exemptions that may prevent the release of
part, or all, of the information that you have requested. We will make an
assessment of the requested information and if it is subject to an
exemption you will be informed of this, together with details of your
right of appeal.

Your request has been allocated to Elizabeth Hiley. If you have any
queries concerning your request you can contact Ms Hiley on 0161 923 6314
or email [1][email address]

Yours sincerely

Janet Maclean

Information Access Team Administrator

0161 923 6324

[email address]

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Elizabeth Hiley (0161 923 6314), General Medical Council

Our ref: IAT/F10/2708

Dear Ms R

Thank you for your email below. Your request has now been considered in
accordance with the Freedom of Information Act 2000 (FOIA).

I should take this opportunity to briefly explain how we handle
complaints made against doctors. When we receive a complaint about a
doctor a decision is made by our Fitness to Practise Directorate
regarding whether an investigation should be conducted. At the end of an
investigation, a case will be considered by two senior GMC staff (one
medical and one non-medical). They can conclude the case with no further
action, issue a warning, agree undertakings or refer the case to a
Fitness to Practise (FTP) Panel for consideration of whether any
restrictions should be imposed on the doctor's registration. FTP Panel
hearings are usually held in public, although sections may be held in
private if discussing a doctor's health or any other confidential
matter. Recent outcomes of FTP Panel hearings are published on our
website. Further information about our investigation process can also be
found on our website at

I can confirm that both Dr O'Brien and Dr Ali hold full registration
with no restrictions or warnings. I can also confirm that there are no
complaints against either Dr O'Brien or Dr Ali that have been heard by a
FTP Panel.

In relation to any other complaints made against these doctors, we are
under no obligation to confirm or deny if we hold any other information
regarding the existence or non-existence of complaints made against the

Section 40(5)(b)(i) of the FOIA states that the duty to confirm or deny
whether information is held does not arise if the act of confirmation or
denial would breach any of the principles of the Data Protection Act
1998 (DPA). We believe that it is reasonable for doctors to expect that,
if complaints are made against them which are not progressed to a public
hearing or do not result in any action upon their registration, whether
or not such complaints had been made would be kept confidential and
would not be released into the public domain. Therefore, we believe that
to confirm or deny the existence or non-existence of any other
complaints made against Dr O'Brien or Dr Ali would breach the first
principle of the DPA, which requires that the processing of personal
data is fair and lawful.

I apologise that I have been unable to meet your request. You do have
the right of appeal against this decision. If you wish to appeal please
set out in writing your grounds, and send to Julian Graves, Information
Access Manager, at [email address].

You also have the right of appeal to the Information Commissioner, the
independent regulator of the FOIA, at:

The Information Commissioner's Office
Wycliffe House
Water Lane
Cheshire, SK9 5AF
Telephone: 01625 545 700

Yours sincerely

Elizabeth Hiley
Information Access Officer
Registration and Resources Directorate
Tel no: 0161 923 6314
Email: [email address]

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