Information regarding my son harry procko from your report sent to me dated 2016

Currently waiting for a response from General Medical Council, they must respond promptly and normally no later than (details).

Dear General Medical Council,

Dear GMC

Under FOI legislation I have the following questions about the GMC's report on the death of my child.  The report was dated approximately in February2016

Questions:
1.  Was the hospital’s report part of the documentation that was assessed in coming to the decision to close the case?  The parents dispute many portions of this report and at no stage were they consulted during its creation, nor were they ever allowed to enter any rebuttal to the disputed items.
2.  No warning was issued to Dr Brown despite the list of failings found and listed in your report. Can you please advise then what would constitute grounds for a warning for the GMC?
3.  Were the GMC made aware of the attached report, and if so:  did you seek to discuss its contents with the parents or their representative, or was the report accepted at face value without any fact-checking?  If the GMC was not made aware of the report, please supply copies of correspondence, documentation and reports that were used by the GMC in evaluating this case.
4.  The ‘unblemished’ career of Dr Mosely is brought up as a reason not to blemish her career.  Under what circumstances then would a situation have to arise in which a first ‘blemish’ would be made on a doctor’s record?  By the logic employed, it would appear protecting the record of a doctor is more important than adding factual data about their actions and failures to their record.
5.  Do either Drs Mosely or Brown now have any ‘blemishes,’ disciplinary actions, concerns, warnings, cautions or any negative events or actions on their records?
6.  While Dr Mosely’s record is said to be ‘unblemished’ in the GMC report, no such claim seems to appear in the report concerning Dr Brown. At the time of the death of the child who was the subject of the report, had there been any ‘blemishes,’ disciplinary actions, concerns, warnings, cautions or any negative events or actions on Dr Brown’s records?
7.  In light of the discrepancies brought to light now by the parents, will the GMC reopen this case for a scrutiny that includes this new information?

Please be advised that a journalist is working on the story of my child's death, and she and I will jointly write to your press office for a statement for publication in addition to this FOI request.

Yours faithfully,
Richard clements

FOI, General Medical Council

Thank you for getting in touch. Please note this is an automated email.

 

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Information access team

General Medical Council

Email: [GMC request email]

Telephone: 0161 923 6365

Working with doctors Working for patients

The General Medical Council helps to protect patients and improve medical
education and practice in the UK by setting standards for students and
doctors. We support them in achieving (and exceeding) those standards, and
take action when they are not met.

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FOI, General Medical Council

Dear Mr Richard Clements

 

 

Your information request - F17/9274/SW

 

Thank you for your email dated 02 December 2017.

We’ll look into your request and get back to you as soon as we can.

 

Who to contact

 

Simon Willis will be handling your request. If you have any questions you
can call him on 0161 923 6310 or email him at [1][email address].

 

 

 

Yours sincerely

 

Loredana Cojan

 

Information Access Assistant

[2][email address]

 

0161 240 8189

 

General Medical Council

3 Hardman Street

Manchester

M3 3AW

 

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Simon Willis (0161 923 6310), General Medical Council

Dear Mr Clements,

 

YOUR INFORMATION ACCESS REQUEST - F17/9274/SW

 

Thank you for your email of 2 December 2017 which I’ve considered under
the Freedom of Information Act 2000 (FOIA) as requested.

 

I can’t confirm whether we hold the information or not as it would breach
the Data Protection Act 1998 (DPA) to do so. The exemptions under the FOIA
which apply are given below.

 

The exemptions

 

Section 40(5)(a) of the FOIA applies where the information, if held, would
be the personal information of the requester. This exemption states that
the requestor should make their request under the DPA.

 

Section 40(5)(b)(i) of the FOIA applies where the information, if held,
would be the personal data of a third party and where confirming whether
it’s held would breach any principle of the DPA.  I believe that to
publicly confirm or deny whether we hold the information would breach the
first principle of the DPA, which requires that the processing of personal
data is fair and lawful. I believe the conditions in Schedule 2 of the
DPA, which are about the processing of personal information, are not met
and therefore giving you the information would be unlawful.

 

YOUR RIGHT TO APPEAL

 

I'm sorry I couldn’t provide the information you requested. You can appeal
against this decision to Elizabeth Hiley, Information Access Manager.  If
you want to appeal, please set out your reasons and write to her at
[1][email address]. You can also appeal to the Information
Commissioner, the regulator of the FOIA and DPA – we can provide more
details about this if you need them.

 

Yours sincerely

 

Simon Willis

Information Access Officer

Resources & Quality Assurance Directorate

 

 

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Dear Simon Willis (0161 923 6310),
Thank you for your contact however this stems to prove as before that according to the gmc only the drs are protected by the rules as in most cases they are privvy to the information contained in reports and the e patient is not

Yours sincerely,

richard clements

Dear Simon Willis (0161 923 6310),

Just to remind you that I responded and would be grateful if you could do the same

Yours sincerely,

richard clements

Simon Willis (0161 923 6310), General Medical Council

Dear Mr Clements,

Thank you for your emails of 18 December 2017 and 5 January 2018.

As explained in my email of 18 December 2017, you are entitled to appeal my decision if you wish to do so.

Yours sincerely

Simon Willis
Information Access Officer

Working with doctors Working for patients

The General Medical Council helps to protect patients and improve medical education and practice in the UK by setting standards for students and doctors. We support them in achieving (and exceeding) those standards, and take action when they are not met.

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Dear Simon Willis (0161 923 6310),
I have one more request if you would do me the courtesy of answering
Nottingham police have informed me that they were able to obtain the independent drs report that you had undertaken using the freedom of information request /data protection act if this is truly the case that information should then be shared to my family under the same process as if obtained under that process unless of course you wish to dispute what the police have told me

Yours sincerely,

richard clements

Simon Willis (0161 923 6310), General Medical Council

Dear Mr Clements,

YOUR INFORMATION ACCESS REQUEST - F18/9320/SW

Thank you for your email of 8 January 2018 which I’ve considered under the Freedom of Information Act 2000 (FOIA) as requested.

I can’t confirm whether we hold the information or not as it would breach the Data Protection Act 1998 (DPA) to do so. The exemptions under the FOIA which apply are given below.

THE EXEMPTIONS

Section 40(5)(a) of the FOIA applies where the information, if held, would be the personal information of the requester. This exemption states that the requestor should make their request under the DPA.

Section 40(5)(b)(i) of the FOIA applies where the information, if held, would be the personal data of a third party and where confirming whether it’s held would breach any principle of the DPA. I believe that to publicly confirm or deny whether we hold the information would breach the first principle of the DPA, which requires that the processing of personal data is fair and lawful. I believe the conditions in Schedule 2 of the DPA, which are about the processing of personal information, are not met and therefore giving you the information would be unlawful.

YOUR RIGHT TO APPEAL

I'm sorry I couldn’t provide the information you requested. You can appeal against this decision to Elizabeth Hiley, Information Access Manager. If you want to appeal, please set out your reasons and write to her at [email address]. You can also appeal to the Information Commissioner, the regulator of the FOIA and DPA – we can provide more details about this if you need them.

Yours sincerely

Simon Willis
Information Access Officer
Resources & Quality Assurance Directorate

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Dear Simon Willis (0161 923 6310),
In previous contacts the gmc have already stated the independent drs report exists and the police have stated that they received a copy under the freedom of information request process so again I will ask you to confirm the fact that if the police are able to access this report under freedomof information then the same courtesy should be applied to my request

Yours sincerely,

richard clements

Simon Willis (0161 923 6310), General Medical Council

Dear Mr Clements,

Thank you for your email. Kindly advise if you wish for me to refer this matter for an appeal.

Otherwise, I am unable to expand on what I have written already.

Yours sincerely

Simon Willis
Information Access Officer
Resources & Quality Assurance Directorate

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Dear Simon Willis (0161 923 6310),

Ty for your reply I'm unsure why you would ask if I need to appeal as you have not actually answered my question you and I both know that the report exists and that the police have accessed by freedom of information request my question was and still is
If the police are able to access by these means then surely I should be able if you need to think of this as an appeal then feel free to use this response as an appeal request

Yours sincerely,

richard clements

FOI, General Medical Council

Dear Mr Clements

 

Your information request – F18/9320/SW

Thank you for your email dated 10 January 2018.

We will be considering your request under our comments and complaints
procedure, and we will get back to you as soon as we can.

 

Who to contact

Elizabeth Hiley will be handling your request. If you have any questions
you can call her on 0161 923 6314 or email her at
[1][email address].

 

 

 

Yours sincerely

 

Loredana Cojan

 

Information Access Assistant

[2][email address]

 

0161 240 8189

 

General Medical Council

3 Hardman Street

Manchester

M3 3AW

 

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