Info re Dr Prashant JINDAL FtP hearing

The request was partially successful.

Dear MPTS

1. West Midlands police have received at least three complaints from Accuvision patients who claimed they were not operated on by the surgeon named on their records, one of these being Patient A, as he was referred to during Dr Jindal’s FtP hearing in May 2022. The legal assessor at that hearing was Mrs Tehniat Watson (TW), who also works for West Midlands police.
Did the GMC inform the MPTS of her COI when they were given details of the tribunal members?

2. Which month was TW appointed as MPTS Legal Chair in 2022?
https://www.mpts-uk.org/hearings-and-dec...

3. Why is TW not listed on the MPTS website as a Legal Assessor?

4. Why was Dr Matthew Fiander appointed Tribunal Chair instead of TW?

5. Prior to Dr Jindal’s hearing, was TW appointed as Legal Assessor on any other MPTS hearing?

6. Prior to this, did TW sit on any MPTS tribunal panels as LQC?

7. Who chooses the tribunal panel?

8. Who chooses the legal assessor?

9. How much are panel members paid per diem?

10. How much is a Legal Assessor paid per diem?

11. What was the total cost of hotel accommodation and travel expenses for all parties at Dr Jindal's May-June 2022 hearing, including witnesses?

12. What was the total cost of the 2022 hearing?

13. Does the MPTS have an independent legal adviser unconnected to the GMC?

Thank you
Sasha Rodoy

FOI, Medical Practitioners Tribunal Service

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In the meantime, if you want any further information about the GMC, please
visit our website: [1]Home - GMC (gmc-uk.org)

Thank you

Information Access team

General Medical Council

Email: [2][mpts request email]

 

General Medical Council

We work with doctors, patients, and other stakeholders to support good,
safe patient care across the UK. We set the standards doctors and those
who train them need to meet, and help them achieve them. If there are
concerns these standards may not be met or that public confidence in
doctors may be at risk, we can investigate, and take action if needed.

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The General Medical Council is a charity registered in England and Wales
(1089278) and in Scotland (SC037750)

_________________________________________________________________

Cyngor Meddygol Cyffredinol

Rydym yn gweithio gyda meddygon, cleifion a rhanddeiliaid eraill i
gynorthwyo gofal da a diogel i gleifion ar draws y DU. Rydym yn gosod y
safonau y bydd angen i feddygon a’r rhai sy’n eu hyfforddi eu bodloni, ac
yn eu helpu i’w cyflawni. Os bydd pryderon efallai na fydd y safonau hyn
yn cael eu cyflawni neu y gallai hyder y cyhoedd mewn meddygon fod mewn
perygl, gallwn ymchwilio, a gweithredu os oes angen.

Efallai bod y neges e-bost hon yn cynnwys gwybodaeth freiniol neu
gyfrinachol, y dylid ei defnyddio at y diben y’i hanfonwyd yn unig.

Os nad chi yw’r derbynnydd neu os ydych chi wedi cael yr e-bost hwn mewn
camgymeriad, peidiwch â’i ddarllen, argraffu, ail-anfon, storio na
gweithredu mewn ffordd sy’n dibynnu arni neu unrhyw atodiadau os gwelwch
yn dda. Dylech anfon e-bost at yr anfonwr ac yna, ei ddileu ar unwaith.

Mae’r Cyngor Meddygol Cyffredinol yn elusen gofrestredig yng Nghymru a
Lloegr (1089278) ac yn Yr Alban (SC037750)

References

Visible links
1. https://www.gmc-uk.org/
2. mailto:[mpts request email]

FOI, Medical Practitioners Tribunal Service

Dear Sasha Rodoy,

 

Your information request – IR1-4069099501

 

Thank you for your Email below dated 4^th September 2023.

 

How we will consider your request

We are 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.

 

Yours Sincerely,

 

Alex Mason

Information Access Assistant

General Medical Council

3 Hardman Street

 

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Dear MPTS

Reminder that, by law, you should have responded to my FOI by 2 October 2023.

Now overdue, I look forward to receiving this ASAP.

Thank you
Sasha Rodoy

FOI, Medical Practitioners Tribunal Service

Thank you for getting in touch. Please note this is an automated email.
Your receipt of this means that we have safely received your email.

We are currently receiving a high volume of requests and there will be a
delay in getting back to you with a further acknowledgement. We will do so
as soon as we can. 

 

In the meantime, if you want any further information about the GMC, please
visit our website: [1]Home - GMC (gmc-uk.org)

Thank you

Information Access team

General Medical Council

Email: [2][mpts request email]

 

General Medical Council

We work with doctors, patients, and other stakeholders to support good,
safe patient care across the UK. We set the standards doctors and those
who train them need to meet, and help them achieve them. If there are
concerns these standards may not be met or that public confidence in
doctors may be at risk, we can investigate, and take action if needed.

This email may contain privileged or confidential information which should
only be used for the purpose for which it has been sent.

If you are not the addressee or have received this email in error, please
do not read, print, re-transmit, store or act in reliance on it or any
attachments. Please email the sender and then immediately delete it.

The General Medical Council is a charity registered in England and Wales
(1089278) and in Scotland (SC037750)

_________________________________________________________________

Cyngor Meddygol Cyffredinol

Rydym yn gweithio gyda meddygon, cleifion a rhanddeiliaid eraill i
gynorthwyo gofal da a diogel i gleifion ar draws y DU. Rydym yn gosod y
safonau y bydd angen i feddygon a’r rhai sy’n eu hyfforddi eu bodloni, ac
yn eu helpu i’w cyflawni. Os bydd pryderon efallai na fydd y safonau hyn
yn cael eu cyflawni neu y gallai hyder y cyhoedd mewn meddygon fod mewn
perygl, gallwn ymchwilio, a gweithredu os oes angen.

Efallai bod y neges e-bost hon yn cynnwys gwybodaeth freiniol neu
gyfrinachol, y dylid ei defnyddio at y diben y’i hanfonwyd yn unig.

Os nad chi yw’r derbynnydd neu os ydych chi wedi cael yr e-bost hwn mewn
camgymeriad, peidiwch â’i ddarllen, argraffu, ail-anfon, storio na
gweithredu mewn ffordd sy’n dibynnu arni neu unrhyw atodiadau os gwelwch
yn dda. Dylech anfon e-bost at yr anfonwr ac yna, ei ddileu ar unwaith.

Mae’r Cyngor Meddygol Cyffredinol yn elusen gofrestredig yng Nghymru a
Lloegr (1089278) ac yn Yr Alban (SC037750)

References

Visible links
1. https://www.gmc-uk.org/
2. mailto:[mpts request email]

Edd Mustill, Medical Practitioners Tribunal Service

Dear Sasha Rodoy

 

Your information access request IR1-4069099501

 

Thank you for your email of 4 September asking for information relating to
Dr Jindal’s fitness to practise hearing. I’ve considered your request
under the Freedom of Information Act 2000 (FOIA). I’m sorry for the delay
in providing this response and any inconvenience caused.

 

1.  West Midlands police have received at least three complaints from
Accuvision patients who claimed they were not operated on by the surgeon
named on their records, one of these being Patient A, as he was referred
to during Dr Jindal’s FtP hearing in May 2022. The legal assessor at that
hearing was Mrs Tehniat Watson (TW), who also works for West Midlands
police.

Did the GMC inform the MPTS of her COI when they were given details of the
tribunal members?

 

2. Which month was TW appointed as MPTS Legal Chair in 2022?

https://www.mpts-uk.org/hearings-and-dec...

 

3. Why is TW not listed on the MPTS website as a Legal Assessor?

 

4. Why was Dr Matthew Fiander appointed Tribunal Chair instead of TW? 

 

5. Prior to Dr Jindal’s hearing, was TW appointed as Legal Assessor on any
other MPTS hearing?

 

6. Prior to this, did TW sit on any MPTS tribunal panels as LQC?

 

I can’t provide further information on these points because it would
breach data protection legislation to give this to you. These are requests
for personal information relating to individuals, which is exempt from
disclosure under the FOIA. I’ve given details of the exemption under the
FOIA which applies below.

 

7. Who chooses the tribunal panel?

 

The MPTS empanels tribunal members based on their availability.

 

8. Who chooses the legal assessor?

 

The MPTS empanels legal assessors based on their availability.

 

9. How much are panel members paid per diem?

 

£325 is the current per diem rate.

 

10. How much is a Legal Assessor paid per diem?

 

£525 is the current per diem rate.

 

11. What was the total cost of hotel accommodation and travel expenses for
all parties at Dr Jindal's May-June 2022 hearing, including witnesses?

 

£7079.33

 

12. What was the total cost of the 2022 hearing?

 

£42,082.65. Please note this is inclusive of the hotel and travel costs
given above in the answer the question 11. This total also includes
payments made to panel members, the Legal Assessor, and the cost of
counsel. It does not include costs that we can’t quantify such as the
fractional costs of MPTS employees’ working time spent supporting the
hearing.

 

13. Does the MPTS have an independent legal adviser unconnected to the
GMC?

 

The MPTS does have legally qualified members of staff who can give advice
independently of the GMC’s fitness to practise directorate. They do not
provide legal advice to tribunals. They are employed by the GMC in the
same way as all MPTS staff.

 

The exemption

 

Section 40(2), by virtue of section 40(3A)(a)

 

This exemption applies where the information is the personal data of a
third party and where releasing the information would breach any of the
principles relating to the processing of personal data listed at Article 5
of the General Data Protection Regulation (GDPR). In this instance
disclosure would breach the first principle, which requires the processing
of information to be lawful, fair and transparent. I do not believe that
any of the legal bases for processing listed at Article 6 of the GDPR are
met and therefore giving you the information would be unlawful.

 

Your right to appeal

 

I'm sorry I couldn’t provide all the information you requested. If you
would like to appeal this decision please set out your reasons in writing
to [1][mpts 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.

 

Yours sincerely

 

 

Edd Mustill

Information Access Officer

Information Access Team

General Medical Council

[3]www.gmc-uk.org

 

E: [4][email address]

T: 0161 923 7128

 

 

 

 

 

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