Mental Health Legislation and the GMC

name removed 23 Oct 2012 (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.

name removed 23 Oct 2012 (Account suspended)

Dear General Medical Council,

DOCTORS PERFORMING DUTIES UNDER UK MENTAL HEALTH LEGISLATION

I am requesting under Freedom of Information:

1] how many GMC-registered doctors performing a "SOAD" duty under the Mental Health Act 1983 [2007] have been subject of a complaint to the General Medical Council?

2] How many "SOAD" Reports have been contentious and the reason for such a complaint about a GMC-registered doctor performing a role as SOAD?

3] How many "Section 12" doctors have been subject of complaint to the GMC?

4] How many doctors performing a Section 12 role have been subject of complaint to the GMC?

5] How many doctors involved in writing a Section 2 statement under the MHA 1983 [2007] have been subject of a complaint to the GMC?

6] How many doctors involved in writing a Section 3 statement under the MHA 1983 [2007] have been subject of a complaint to the GMC?

7] How many doctors involved in Mental Health have been subject of complaints made to the GMC?

8] Does the GMC investigate complaints about doctors and their Mental Health Diagnoses if it turns out that the "clear diagnosis paranoid schizophrenia" is then not agreed to be "clear diagnosis paranoid schizophrenia" by other doctors? And that there remains much disquiet by the patient as to what is actually wrong but because the patient is also deemed to lack capacity by the same doctor, is then denied a voice? What happens in such a situation? Does the GMC investigate Habeas Corpus and deprivation of liberty safeguards? And if not, why not?

I am very concerned regarding the Mental Capacity Act where on the say-so of a FEW people - without any right to a fair trial I aver - a person can be denied their liberty for much longer than in a conventional MHA 1983 [2007] and would like to know what is the GMC official view on the Mental Capacity Act and alleged neglect/self-neglect and mental capacity tests because there is the potential for some 6 million people to be "caught" by such legislation whereas the MHA is only about 150,000 or so is it not?

What views do the GMC hold on this?

Is there any publication or position statement on the Mental Capacity Act 2005 and safeguarding?

Have any doctors been involved in any Mental Capacity 2005 cases? If so, how many?

I hope that there will be a national moratorium on the Mental Health legislation as I fear that innocent people will suddenly find themselves caught in the snares of hostile forces.

Nobody will ever want to look after a relative in future if the Mental Capacity 2005 stays in place, I aver.

Yours sincerely,

[first name removed] [last name removed]

FOI, General Medical Council

Dear Mrs [last name removed]

Your information request - F11/4144/LG

Thank you for your email of 28 October 2011 asking for information under
the Freedom of Information Act 2000 (FOIA).

We will consider your request and give you the information as soon as we
can, normally within the 20 working-day limit set by the FOIA.

Please note that there may be some information which we cannot release
to you under the FOIA. If this is the case, we will let you know why and
state the relevant exemptions given in the FOIA. We will also give you
information about how to appeal our decision.

I have allocated your request to Louise Gormley. If you have any
questions, please contact her on 0161 923 6311 or email
[email address].

Yours sincerely

Sarah Leigh
Information Access Team Administrator
0161 923 6398
[email address]

General Medical Council
3 Hardman Street
Manchester
M3 3AW

show quoted sections

name removed 23 Oct 2012 (Account suspended)

Dear Ms Leigh GMC,

Thank you very much for acknowledging my request for information. I believe it to be very much in the public interest as there is much speculation and debate surrounding Mental Health legislation, case law and the implications for families across the land.

I look forward to receiving a response via this website so that everyone can see your information.

With much gratitude,

Yours sincerely,

[first name removed] [last name removed]

Louise Gormley (0161 923 6311), General Medical Council

Our reference: F11/4144/LG

 

Dear Ms [last name removed]

 

Thank you for your email dated 28 October 2011, in which you request
various information about doctors working in mental health.

 

In response to your request I refer you to our Annual Fitness to Practise
Statistics on our website, which includes a factsheet containing a
breakdown of complaints received according to the doctor’s recorded area
of practise:

 

Annual Fitness to Practise Statistics - 2010:

[1]http://www.gmc-uk.org/publications/10784...

 

Annual Fitness to Practise Statistics – 2009:

[2]http://www.gmc-uk.org/publications/2009_...

 

Regarding the specific information you have requested I write to inform
you that we would not be able to identify from an electronic search of our
database, complaints regarding doctors performing a “SOAD”, Section 12
duties or involved in writing a section 2 or 3 statement as we do not
electronically categorise complaints in such detail. To establish if a
complaint did relate to these duties, we would have to manually search
each complaint file, to obtain this information.

 

Section 12 of the Freedom of Information Act allows a public authority not
to undertake a search for the information requested where they estimate
that the cost of complying with the request for information would exceed
the ‘appropriate limit’, which is set at £450 for public authorities such
as the GMC. This is equivalent to two and a half days work.

 

To locate, retrieve and check all complaints received, related to the
duties you mention, would significantly exceed the costs limit. If you
require further details of our calculations please let me know.

 

You also ask about the type of complaints we investigate. Information
about complaints and the role of the GMC and our investigation process,
can be found on the following pages of your website:

 

Complaints and the role of the GMC:

[3]http://www.gmc-uk.org/concerns/complaint...

 

The investigation process:

[4]http://www.gmc-uk.org/concerns/the_inves...

 

 

For information relating to the Mental Capacity Act I refer you to the
following webpage’s:

 

Working with the Mental Capacity Act:

[5]http://www.gmc-uk.org/guidance/mental_ca...

 

 

A to Z of ethical guidance (please see M – Mental Capacity Act 2005)

[6]http://www.gmc-uk.org/guidance/122.asp

 

 

If you have any queries or concerns regarding the processing of your
request please contact Julian Graves, Information Access Manager, at the
address at the bottom of this email, or email [7][email address]

 

Kind regards

 

Louise Gormley

Information Access Officer
Registration Directorate
 
Direct Line: 0161 923 6311
Email:        lgormley@gmc-uk.org
Website:    [8]www.gmc-uk.org
Address:    Information Access Team
                 General Medical Council
                 3 Hardman Street

                 Manchester

                 M3 3AW

Unless otherwise expressly agreed by the sender of this email, this
communication may contain privileged or confidential information which is
exempt from disclosure under UK law. This email and its attachments may
not be used or disclosed except 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. Instead, please email the sender and then immediately delete
it.

General Medical Council

3 Hardman Street, Manchester, M3 3AW

Regents Place, 350 Euston Road, London, NW1 3JN

The Tun, 4 Jacksons Entry, Holyrood Road, Edinburgh, EH8 8AE

Regus House, Falcon Drive, Cardiff Bay, CF10 4RU

9th Floor, Bedford House, 16-22 Bedford Street, Belfast, BT2 7FD

The GMC is a charity registered in England and Wales (1089278) and
Scotland (SC037750)

References

Visible links
1. http://www.gmc-uk.org/publications/10784...
2. http://www.gmc-uk.org/publications/2009_...
3. http://www.gmc-uk.org/concerns/complaint...
4. http://www.gmc-uk.org/concerns/the_inves...
5. http://www.gmc-uk.org/guidance/mental_ca...
6. http://www.gmc-uk.org/guidance/122.asp
7. mailto:[email address]
mailto:[email address]
8. www.gmc-uk.org
file:///tmp/www.gmc-uk.org

name removed 23 Oct 2012 (Account suspended)

Dear Ms Gormley 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 'Mental Health Legislation and the GMC'.

I am very grateful for the information provided so that the public may access data shown on the GMC website.

However, I would specifically request why it is not held by the GMC a separate database which can have a "field" of SOADs and a "field" of Section 12 doctors because they are essential in the MHA legislation and therefore without these being created, I feel that the GMC is unable to provide an adequate service of regulation and fitness to practise as the information is obscured.

Therefore I request that the GMC consider how to provide this information.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/me...

Thank you very much for your help

Yours sincerely,

[first name removed] [last name removed]

Julian Graves (0161 923 6351), General Medical Council

Dear Mrs [last name removed]

Thank you for your email below which I have considered under the GMC's
comments and complaints procedure for information requests.

In her response sent on 24 November 2011 my colleague Louise Gormley
confirmed that certain aspects of your request were subject to the FOI
cost limits as referenced at Section 12 of the FOIA. She confirmed that
in order to provide a full response to your request we would be required
to review all complaints received. As an example we currently receive
approximately 7000 complaints per year. We would estimate that it would
take us at least 10 minutes per case to review the circumstances of each
complaint to assess whether they fell within the scope of your request.
This is because the information you have requested wouldn't necessarily
be recorded within the original complaint letter and it would be likely
to involve us in reviewing several documents. As such the costs of
complying with your request would be significantly in excess of the FOIA
costs limit.

In summary I am satisfied that Ms Gormley applied the cost limits
exemption to your request appropriately.

We may be able to provide some of the information requested if you
reduce or refine the scope of your request. However given the labour
intensive search that would be required it is difficult to believe that
any refinement, in terms of timeframe of your request, would provide you
with useful information on this subject.

In your internal review request you have asked us to take remedial
action to produce such information. The FOIA allows requestors to seek
recorded information and places no obligation on a public authority to
either create information it does not hold at the time of the request or
produce information where the time spent in doing so would be in excess
of the prescribed cost limits.

Should you remain dissatisfied with my response on this matter you do
have a further right of complaint to the Information Commissioner's
Office, the regulator of the FOIA. I believe that you are aware of their
contact details.

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]

show quoted sections

name removed 23 Oct 2012 (Account suspended)

Dear Mr Graves,

I am very grateful to you for your explanation of the Decision made by the GMC.

I am not alone in expressing concerns about how the GMC is run in the sense of fine-tuning its record-keeping.

For clarity, I am not saying that all complaints have to be checked through manually. I would have thought that all your complaints were in an easily accessible electronic medium - a database kept by the GMC which could be easily searched for the specific acronyms, shortforms/shorthand and words such as "SOAD" [an acronym] "S12 Doctor" [shortform and word].

If your system of records is such that you do not have an electronic database, then I suggest that the GMC make an urgent review of its own records and record-keeping because with the advent of the paperless office.

The Crown Prosecution Service on the Isle of Wight is currently trialling placing all documents electronically with a special tablet system and jurors will be shown a TV screen with the evidence in court in April 2012.

Maybe the GMC could investigate such a provision for yourselves, as it might make life a great deal easier for the GMC, the doctors on your system and the general public. This of course could be used for ALL RECORD-KEEPING.

For details of the article, please refer to the Isle of Wight County Press and Wessex CPS which is linked and piloting the Criminal Justice System Efficiency Programme.

To me, this sounds a very good idea.

Once you have a searchable database for recording all types of categories of work that doctors undertake, it will prove a great boon for people searching for a doctor who might be able to assist them. People who are in need of a registered S12 doctor or SOAD would not know how to find out who they are as there is no central list available to the public that I know of, but again I would like to be informed by the GMC if you know of such a list.

The absence of such a list is something that I ask the GMC to look into building such a list, as mental health is so important, and it has been subject to much stigma, and it needs to come into the open.

Thank you very much for your kind help

May I wish you a very happy Christmas

With best wishes

[first name removed] [last name removed]

Julian Graves (0161 923 6351), General Medical Council

I will not be back in the office until Friday 30 December 2011 and will
not have access to emails in the meantime.  

If your query is urgent please contact the Information Access Team on 0161
923 6365 or email: [GMC request email]

Failing that I will consider your email on my return to the office.

Many thanks

Julian Graves
Information Access Manager
General Medical Council 

Unless otherwise expressly agreed by the sender of this email, this
communication may contain privileged or confidential information which is
exempt from disclosure under UK law. This email and its attachments may
not be used or disclosed except 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. Instead, please email the sender and then immediately delete
it.

General Medical Council

3 Hardman Street, Manchester, M3 3AW

Regents Place, 350 Euston Road, London, NW1 3JN

The Tun, 4 Jacksons Entry, Holyrood Road, Edinburgh, EH8 8AE

Regus House, Falcon Drive, Cardiff Bay, CF10 4RU

9th Floor, Bedford House, 16-22 Bedford Street, Belfast, BT2 7FD

The GMC is a charity registered in England and Wales (1089278) and
Scotland (SC037750)

name removed 23 Oct 2012 (Account suspended)

6 January 2012

Dear Mr Graves, GMC,

Happy New Year to you and many thanks for your kind help and assistance in reference to my information request - F11/4144/LG to which you responded inter alia:

"We may be able to provide some of the information requested if you reduce or refine the scope of your request."

I return to my original FOI Request and would like Question 8 to be answered if that is possible as it would significantly assist to know what the GMC itself considers to be important vis-a-vis Mental Health matters and the associated legislation.

In question 8, I asked:

'8] Does the GMC investigate complaints about doctors and their Mental Health Diagnoses if it turns out that the "clear diagnosis paranoid schizophrenia" is then not agreed to be "clear diagnosis paranoid schizophrenia" by other doctors?

And that there remains much disquiet by the patient as to what is actually wrong but because the patient is also deemed to lack capacity by the same doctor, is then denied a voice?

What happens in such a situation?

Does the GMC investigate Habeas Corpus and deprivation of liberty safeguards?

And if not, why not?

I am very concerned regarding the Mental Capacity Act where on the say-so of a FEW people - without any right to a fair trial I aver - a person can be denied their liberty for much longer than in a conventional MHA 1983 [2007] and would like to know what is the GMC official view on the Mental Capacity Act and alleged neglect/self-neglect and mental capacity tests because there is the potential for some 6 million people to be "caught" by such legislation whereas the MHA is only about 150,000 or so is it not?

What views do the GMC hold on this?'

Would it be possible, please, to treat this as my Freedom of Information Request as you have explained that there is no easy way to check individual complaints, there being no cross-referencing indexation of SOADs, Section 12 doctors and complaints about these people performing such roles.

Safeguarding, protection of patients and protection of doctors and their reputations, does seem to be very important and mental health seems to be at the heart of some of the known references on the internet mentioning the GMC.

http://www.safeguardingmatters.co.uk/201...

http://apt.rcpsych.org/letters/?first-in...

http://www.bbc.co.uk/news/uk-england-lon...

http://news.bbc.co.uk/1/hi/wales/8572940...

http://news.bbc.co.uk/1/hi/england/manch...

http://news.bbc.co.uk/1/hi/england/north...

I would be most grateful if the GMC could please answer my specific Question 8 of my original response in view of my expanded reason for asking the question.

Thank you very much for your help

Yours sincerely

[first name removed] [last name removed]

Dr Helen Bright left an annotation ()

Interesting question.
Certainly, there are misuses of psychiatric diagnosis. I know several medical doctors who have used stigma of mental illness to get at whistleblowing doctors. GMC never investigated them but used all their weapons to fire at the whistleblowers.

Patients have less chance than doctors to make it in their complaints. However, patients can be used as weapons by other colleagues if they have a grudge against the same doctor.

If there is professional negligence some patients consider getting advice from lawyers who have interest in mental health.

name removed 23 Oct 2012 (Account suspended)

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 'Mental Health Legislation and the GMC'.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/me...

Yours sincerely,

[first name removed] [last name removed]

name removed 23 Oct 2012 (Account suspended)

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 'Mental Health Legislation and the GMC'.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/me...

Yours sincerely,

[first name removed] [last name removed]

FOI, General Medical Council

Dear Ms [last name removed]

Your information request - F12/4339/ME

Thank you for your email of 6 January 2012. I sincerely apologise for the long delay in acknowledging your email and any inconvenience caused.

I note that you have asked for further information under the Freedom of Information Act 2000 (FOIA). We will consider your request and give you the information as soon as we can, normally within the 20 working-day limit set by the FOIA.

Please note that there may be some information which we cannot release to you under the FOIA. If this is the case, we will let you know why and state the relevant exemptions given in the FOIA. We will also give you information about how to appeal our decision.

I have allocated your request to Mark Ellen. If you have any questions, please contact him on 0161 923 6347 or email [email address]

Yours sincerely

Sarah Leigh
Information Access Team Administrator
0161 923 6398
[email address]

General Medical Council
3 Hardman Street
Manchester
M3 3AW

show quoted sections

name removed 23 Oct 2012 (Account suspended)

Dear Ms Leigh,FOI,

Thank you very much for your response above.

I am grateful that you have discovered my

1] Request for Internal Review re Question 8 of my orignal FOI Request which I would like answered pleae

and

2] the new Freedom of Information Request based on the answers you gave me explaining that you could not give me certain information.

Clearly, as the 20 day rule applies to both a new FOI and Internal Review, I will happily accept the GMC providing me the relevant answers 20 working days from 6 January 2012 [the date you identified].

I am very appreciative of your help and look forward to receiving the information. I expect that you have many requests coming into your inbox, and it was for that reason that I repeated my requests, otherwise you might not have seen it.

Thank you very much for your help, as always,

With best wishes,

[first name removed] [last name removed]
Campaigner for Liberty, Truth and Liberty

Mark Ellen (0161 923 6347), General Medical Council

Dear Ms [last name removed]

Ref: IAT/ME/F12/4339

I refer to your e-mail below in which you explain that you would like to receive a response to question 8 of your original FOI request.

The queries that you have set out in your e-mail would not generally be 'caught' by the provisions of the Freedom of Information Act (which relates to information held).

Nevertheless, in order to assist you I have made some enquiries with our Fitness to Practise Directorate regarding the scenario you raise. They have confirmed that we would investigate a doctor if that doctor's employer(s) reported a persistent pattern of [the doctor's] diagnoses being at odds with the majority of reasonable opinion. However, an isolated case of a disagreement between doctors on matters of clinical opinion is very unlikely to warrant GMC action.

The GMC is not responsible for the terms of the Mental Health Act or the Mental Capacity Act . The way in which the powers of those Acts are designed, conferred and applied is a matter of policy for the Department of Health. You can refer to the Department of Health website at; www.dh.gov.uk.

I hope that this information is of some help to you.

Kind regards
Mark Ellen

Mark Ellen
Information Access Team
General Medical Council
3 Hardman Street
Manchester M3 3AW
Direct Line: 0161 923 6347

show quoted sections

name removed 23 Oct 2012 (Account suspended)

Dear Mr Ellen,

Thank you very much for your response explaining my the GMC response to my Question 8.

With best wishes,

[first name removed] [last name removed]

Campaigner for Liberty, Truth and Justice

name removed 23 Oct 2012 (Account suspended)

Dear Ms Leigh, FOI,

I have thanked Mr Ellen for writing to me with the answer to Question 8.

I would appreciate an Internal Review into my entire Freedom of Information Request because I have just found a link to a document purporting to be from the GMC about the 2007 Mental Health Act.

http://www.mentalhealthalliance.org.uk/p...

Could you please confirm whether or not you are a statutory consultee to Parliament vis-a-vis mental health legislation or not?

Mr Ellen suggested that I should approach the DH.

I would appreciate knowing what consultation responses the GMC has made to Parliament regarding Mental Health legislation including the Mental Capacity Act 2005 and the Mental Health Act 2007.

The use of SOADs and Section 12 doctors would seem also to be prefigured in such legislation and I would like to know your views on these too, please.

Thank you very much for your help,

With best wishes,

[first name removed] [last name removed]

Campaigner for Liberty, Truth and Justice

FOI, General Medical Council

Dear Ms [last name removed]

Thank you for your email of 1 February 2012 asking for a review of your
previous request and also new information under the Freedom of
Information Act 2000 (FOIA).

Your request for internal review has been passed to Mr Julian Graves who
will respond regarding this as soon as possible. Mr Graves can be
contacted on 0161 923 6351 or email [email address]

I have allocated your new request to Mark Ellen who will respond as soon
as he can under the FOIA, normally within the 20 working-day limit.

If you have any questions regarding your new request, please contact
Mark on 0161 923 6347 or email [email address] and quote the reference
F12/4358/ME.

Yours sincerely

Sarah Leigh
Information Access Team Administrator
0161 923 6398
[email address]

General Medical Council
3 Hardman Street
Manchester
M3 3AW

show quoted sections

Julian Graves (0161 923 6351), General Medical Council

Dear Mrs [last name removed]

My colleague Mark Ellen is currently considering your request below
seeking consultation responses made to Parliament regarding mental
health legislation and he will respond separately to you on this point.

I have previously reviewed our response to your original request and in
my response sent on 22 December 2011 I confirmed that I was satisfied
with our application of the FOIA Section 12 'costs limit' exemption. It
would appear that you are seeking a further review of this matter. If
so, I'm afraid that the legislation does not allow for this. However,
you do, as you are aware, have a further right of complaint to the
Information Commissioner's Office should you remain dissatisfied with
our response on 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]

show quoted sections

Mark Ellen (0161 923 6347), General Medical Council

1 Attachment

Dear Ms [last name removed]

Please see attached letter and enclosures.

Regards
Mark Ellen

Unless otherwise expressly agreed by the sender of this email, this communication may contain privileged or confidential information which is exempt from disclosure under UK law. This email and its attachments may not be used or disclosed except 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. Instead, please email the sender and then immediately delete it.

General Medical Council

3 Hardman Street, Manchester, M3 3AW

Regents Place, 350 Euston Road, London, NW1 3JN

The Tun, 4 Jacksons Entry, Holyrood Road, Edinburgh, EH8 8AE

Regus House, Falcon Drive, Cardiff Bay, CF10 4RU

9th Floor, Bedford House, 16-22 Bedford Street, Belfast, BT2 7FD

The GMC is a charity registered in England and Wales (1089278) and Scotland (SC037750)

name removed 23 Oct 2012 (Account suspended)

Dear Mr Ellen and Mr Graves, GMC,

I am really grateful to you for supplying this information to me - it is ideal and shows what the GMC considered about the Mental Health Legislation.

I see that I instinctively am in tune with the GMC and that you have expressed serious concerns about the same issues that I have been campaigning about vis-a-vis people's rights to freewill and Habeas Corpus and Human Rights.

Do you have any other documentation as this is so important that doctors are not put in the position of HAVING to treat a person under compulsory detention even though the doctor him or herself does NOT consider it to be in the person's BEST INTERESTS because in HIS or HER opinion the patient DOES NOT pose a danger to either him or herself and does NOT pose a danger to anyone else.

I was beginning to think that I was a lone voice in the wilderness until I read your documentation within.

"Dear Ms [last name removed]

Thank you for your e-mail of 1 February 2012 in which you make a further FOI request for consultation responses that the GMC has made in respect of mental health legislation.

I have located the information that I believe you are seeking and I now attach the following:

GMC briefing on Mental Health Bill,

Second Reading debate
Submission by the GMC,

Public Bill Committee on the Mental Health Bill 2006 GMC briefing on the Mental Health Bill,

Second Reading debate Consultation on draft revised Mental Health Act 1983,

code of Practice Joint Committee on the draft Mental Health Bill ,
GMC written evidence

I also attach 2 consultation responses that were made in 2009 to the Scottish government.
-these may also be of interest to you."

May I ask supplementary questions based on this documentation you have provided:

1] Is the GMC in broad agreement with the Royal College of Psychiatrists on the current practice of Mental Health medicine in the United Kingdom? Do your policies concur?

2] What are your views about Mental Capacity Act 2005 and Section 44 and those of the Royal College of Psychiatrists?

3] Have you discussed these issues with the Royal College of Psychiatrists?

4] What views do you, the GMC, and the Royal College of Psychiatrists share?

5] Are there any issues on Mental Health practice in which you are in disagreement and, if so, what are your respective positions?

Thank you very much,

Yours sincerely,

[first name removed] [last name removed]

Campaigner for legal reform, liberty, truth and justice

Sarah Green (0161 923 6286), General Medical Council

Dear Ms [last name removed]

Your information request F12/4403/CB

Thank you for your email of 17 February 2012 asking for information
under the Freedom of Information Act 2000 (FOIA).

We will consider your request and give you the information as soon as we
can, normally within the 20 working-day limit set by the FOIA.

Please note that there may be some information which we cannot release
to you under the FOIA. If this is the case, we will let you know why and
state the relevant exemptions given in the FOIA. We will also give you
information about how to appeal our decision.

I have allocated your request to Courtney Brucato. If you have any
questions, please contact her on 0161 923 6692 or email
[email address].

Yours sincerely

Sarah Green
Information Access Team Administrator
0161 923 6286
[email address]

General Medical Council
3 Hardman Street
Manchester
M3 3AW

show quoted sections

Courtney Brucato (0161 923 6692), General Medical Council

Our Reference: F12/4403/CB

Dear Mrs [last name removed],

Thank you for your email of 17 February 2012 in which you request
information listed below in items 1 - 5. As detailed in our
acknowledgement email, I have considered your request in accordance with
the Freedom of Information Act 2000 (FOIA).

Several of the questions you have asked below, specifically in items 1,
2, 4 & 5 are requests for opinion. Therefore, FOIA is not engaged as
these requests do not relate to information held.

In regard to item 3, I confirm we do not hold the information you have
requested.

I have reviewed our records and confirm that we do not hold records of
any discussions between the GMC and the Royal College of Psychiatrists
regarding the practice of mental health medicine in the UK.

Although we do not hold the specific information you have requested, I
hope that you may find the following information listed below useful.

The GMC has consulted on guidance for doctors regarding consent. We
have published guidance that incorporates elements of the Mental
Capacity Act 2005 on our website:

1) Consent item 62

http://www.gmc-uk.org/guidance/ethical_g...
ramework.asp

2) Consent item 72

http://www.gmc-uk.org/guidance/ethical_g...
ng_capacity.asp

3) Consent to research item 28
http://www.gmc-uk.org/guidance/ethical_g...

4) Consent to research item 34
http://www.gmc-uk.org/guidance/ethical_g...

I hope you find this information useful.

If you have any concerns regarding the handling of this request please
contact Julian Graves, Information Access Manager, at
[email address].

Yours sincerely,

Ms Courtney Brucato
General Medical Council

show quoted sections

name removed 23 Oct 2012 (Account suspended)

15 March 2012

Dear Ms Brucato GMC, Mr Turner MP for the Isle of Wight and Mr Lansley Secretary of State for Health, and the Information Commissioner, Mr Cameron Prime Minister of Great Britain and Northern Ireland,

I thank you, Ms Broucato for your response in which you refuse to answer questions 1, 2, 4 and 5 but do answer 3, and state that the GMC does not have it.

However, I believe that you could only answer Question 3 if you accepted Questions 1 and 2 because otherwise it is a non sequitur.

"1] Is the GMC in broad agreement with the Royal College of Psychiatrists on the current practice of Mental Health medicine in the United Kingdom? Do your policies concur?

2] What are your views about Mental Capacity Act 2005 and Section 44 and those of the Royal College of Psychiatrists?

3] Have you discussed these issues with the Royal College of Psychiatrists?

4] What views do you, the GMC, and the Royal College of
Psychiatrists share?

5] Are there any issues on Mental Health practice in which you are in disagreement and, if so, what are your respective positions?"

=====================================================
RECONFIGURED QUESTIONS PLEASE MAY I REQUEST THE GMC ANSWER THE FOLLOWING:

I would like to ask the questions in a different format so that you may reconsider my questions thus:

1 a] As the Regulator of Doctors in the UK, please state how your views are in accord with the Royal College of Psychiatrists on the current practice of Mental Health Medicine in the United Kingdom. Please provide the written details thank you.

1 b] What are your policies on the practice of Mental Health Medicine in the United Kingdom. Please provide the written details thank you.

1 c] Are the stated views of the GMC in accordance with the stated views of the Royal College of Psychiatrists? Please provide documentation of the GMC stated views. Thank you.

2 a] What are the stated views of the GMC regarding Mental Capacity Act 2005? Please provide the written details thank you.

2 b] What are the stated views of the GMC regarding Mental Capacity Act 2005 and Section 44? Please provide the written details thank you.

2 c] Are the stated views of the GMC at variance or do they concur with the stated views of the Royal College of Psychiatrists? Please provide the written details thank you.

3 What discussions have taken place between the GMC and the Royal College of Psychiatrists regarding the Mental Capacity Act and Section 44? Please provide the written details thank you.

4 What statements of concurrence have been made in joint discussions between GMC and Royal College of Psychiatrists? Please provide the details and what was stated.

5 a] What stated disagreements - IF ANY – have been recorded between the GMC and the Royal College of Psychiatrists? Please provide the written details thank you.

5 b] What stated agreements – IF ANY – have been recorded between the GMC and the Royal College of Psychiatrist? Please provide the written details thank you.

Thank you very much for your kind help,

Yours sincerely,

[first name removed] [last name removed]

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