Investigation of senior legal adviser
Sasha Rodoy made this Freedom of Information request to Medical Practitioners Tribunal Service Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.
In September 2023, following complaints relating to MPTS senior legal adviser Vaishali Fitton, and her husband Denis Fitton, in view of the nature and substance of the complaints, you engaged an external legal firm to investigate and report.
1. Please advise the name of the law firm instructed.
2. Please provide a full copy of their report, without redactions.
3. Please advise if the MPTS and/or GMC have ever previously instructed the same external law firm on any other matter?
Thank you
Sasha Rodoy
My Beautiful Eyes Foundation
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Information Access team
General Medical Council
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1. https://www.gmc-uk.org/
2. mailto:[mpts request email]
Dear Sasha Rodoy,
Your information request – IR1-4143596091
Thank you for your request for information dated 6^th November 2023. I
have with drawn your previous IR: IR1-4142507151.
We will respond to your request as soon as possible.
Yours Sincerely,
Information Access Team
Dear Ms Rodoy
I write further to previous correspondance with a response under the
Freedom of Information Act 2000.
Under the Freedom of Information Act 2000, I am unable to confirm or deny
if we hold any information within the scope of the request because it
would breach data protection legislation to do so.
The exemption
Section 40(5B)(a)(i) of the FOIA applies where the information, if held,
would be the personal data of a third party or parties and where
confirming whether it’s held would breach any of the principles relating
to the processing of personal data listed at Article 5 of the GDPR. I
believe that to publicly confirm or deny whether we hold the information
would breach the first principle, which requires that the processing of
personal data is 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 of appeal
If you would like to appeal this decision, please set out your reasons in
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also appeal to the [2]Information Commissioner, the regulator of the FOIA.
---
Kind Regards
Matt
Matthew McCoig-Lees
Senior Information Access Officer
Information Access Team
General Medical Council
3 Hardman Street
Manchester
M3 3AW
Email: [3][email address]
Website: [4]www.gmc-uk.org
Tel: 0161 923 6579
I sometimes work flexibly and therefore this email may reach you outside
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From: FOI
Sent: 07 November 2023 10:31
To: Sasha Rodoy <[FOI #1044651 email]>
Subject: RE: Freedom of Information request - Investigation of senior
legal adviser
Dear Sasha Rodoy,
Your information request – IR1-4143596091
Thank you for your request for information dated 6^th November 2023. I
have with drawn your previous IR: IR1-4142507151.
We will respond to your request as soon as possible.
Yours Sincerely,
Information Access Team
Dear Matthew McCoig-Lees
The GMC has proven that it works in secrecy, with no one seemingly regulating their actions, exhibiting a total lack of transparency that is unacceptable from a regulatory body the public is expected to trust.
We are entitled to know which legal firm was instructed, deciding that there was no fault with your Senior Legal Adviser’s behaviour concerning this case, when it is obvious that Vaishalli Hitaman Fitton discussed details with her husband Denis Fitton.
Please reconsider my request.
Thank you
Sasha Rodoy
My Beautiful Eyes Foundation
Dear Ms Rodoy,
Thank you for your email dated 16 January.
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.
Yours sincerely
Information Access Team
General Medical Council
3 Hardman Street
Manchester
M3 3AW
Dear Lauren Barrowcliffe,
Your response is now more than 2 months overdue!
I look forward to your reply without further delay.
Thank you
Sasha Rodoy | My Beautiful Eyes Foundation
Patient Advocate & Campaign Manager
http://linkedin.com/in/sasha-rodoy-35b12...
Dear Ms Rodoy
Further to your FOI appeal sent to us on 16 January 2024 I'm sorry that you have had to chase us for a response.
I have now attached our response in relation to this matter.
Yours sincerely
Julian Graves
Julian Graves
Information Access Manager
General Medical Council
3 Hardman Street
Manchester M3 3AW
Tel. no: 0161 923 6351
Email: [email address]
Your response:
‘Dear Ms Rodoy
Information request review
Further to your email sent on 16 January 2024 regarding our previous response sent to you under
the Freedom of Information Act 2000 (FOIA), I have now reviewed this matter. I’m sorry for my long
delay in responding to you.
Chronology
Your original request sent by email on 6 November 2023 sought information as follows:
‘In September 2023, following complaints relating to MPTS senior legal adviser Vaishali Fitton, and
her husband Denis Fitton, in view of the nature and substance of the complaints, you engaged an
external legal firm to investigate and report.
1. Please advise the name of the law firm instructed.
2. Please provide a full copy of their report, without redactions.
3. Please advise if the MPTS and/or GMC have ever previously instructed the same external law firm
on any other matter?’
Matthew McCoig-Lees responded to your request (our ref: IR1-4143596091) on 4 December 2023.
He responded applying the personal data FOI exemption (section 40(5B)(a)(i)) refusing to confirm or
deny the existence of such information.
My review
In your email sent on 16 January 2024 you stated as follows:
‘The GMC has proven that it works in secrecy, with no one seemingly regulating their actions,
exhibiting a total lack of transparency that is unacceptable from a regulatory body the public is
expected to trust.
We are entitled to know which legal firm was instructed, deciding that there was no fault with your
Senior Legal Adviser’s behaviour concerning this case, when it is obvious that Vaishalli Hitaman Fitton
discussed details with her husband Denis Fitton.
Please reconsider my request.’
I have now reviewed your request and the response previously provided by Mr McCoig-Lees. Having
done so, I am satisfied that the FOI exemption cited was appropriately applied. I believe that using
the ‘neither confirm nor deny’ exemption to all aspects of your FOI request is the correct legal
stance.
Further action
If you are still dissatisfied after our internal review, you can complain to the Information
Commissioner’s Office (ICO). You should make complaints to the ICO within six weeks of receiving
the outcome of an internal review. The easiest way to lodge a complaint is through their website:
www.ico.org.uk/foicomplaints
Yours sincerely
Julian Graves
Information Access Manager’
I will be complaining to the ICO, though no doubt a waste of time, but in the meantime please advise why it has taken such a long time for you to reply?
Dear Ms Rodoy
The delay was caused by my current workload.
Yours sincerely
Julian Graves
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Michael Tomlinson left an annotation ()
Given the track record of both Medical Practioners Tribunal Service and General Medical Council. I question whether there even was an 'independent external legal firm' instructed. If there was, then why can the details not be disclosed as Sasha Rodoy has asked?
Both organisations answer to no one, operating in absolute secrecy and refusing to disclose information that should be publicly available. They can lie through their teeth with impunity, because there is no way we can find out otherwise!
The repeated responses from both GMC & MPTS when asked for information are in direct conflict with the published five 'core values' - transparency definitely not on the menu!
‘We have five core organisational values underpinning everything we do.
Integrity – We are honest and share what we see. We listen to our partners, but remain independent.
Excellence – We are a learning organisation, committed to achieving high standards.
Collaboration – We work with others to support safe, high-quality care.
Fairness – We respect people and treat them without prejudice.
Transparency – We are open and account for our actions.’
https://www.gmc-uk.org/about/how-we-work...
This whole story around the Dr Prashant Jindal FtP hearing stinks of corruption. And why has the hearing not been relisted with it now being 3 months since it was postponed? It only took 2 weeks to relist after the tribunal panel walked away from the first one in 2022!