Milton Keynes Hospital , Dr Talib al Mishlab, Dr. o'Hara

The request was partially successful.

Dear General Medical Council,

In the case of
TALIB AL-MISHLAB
- and -
MILTON KEYNES HOSPITAL NHS FOUNDATION TRUST
Neutral Citation Number: [2015] EWHC 191 (QB)
Case No: HQ13X05112

The initial crux of the concerns was excess post operative deaths.

Has the gmc organised an investigation into this excess of mortality?

Has the gmc received any complaints about dr o'hara , a colleague of dr Taliban al mishlab ?

Yours faithfully,

Sarah J White

Sarah J White left an annotation ()

My apologies it should read Talib. Al mishlab

FOI, General Medical Council

Dear Ms White

Your information request F15/6879/ME

Thank you for your email of 8 February 2015 asking for information about Dr Talib-Al-Mishlab.

We will look at your request under the Freedom of Information Act 2000 (FOIA). We will provide you with a response as soon as possible, 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

Mrs Mariam Ifzal
Information Assistant
[email address]
0161 923 6420

General Medical Council
3 Hardman Street
Manchester
M3 3AW

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Mark Ellen (0161 923 6347), General Medical Council

Dear Ms White

Reference: IAT/ME/F15/6879

Thank you for your e-mail, below.

Dr Al-Mishlab holds full registration with the GMC and he currently has undertakings on his registration. An undertaking is an agreement between the GMC and the doctor concerning the doctor's future practice. You can view Dr Al-Mishlab's GMC registration on the online list of registered medical practitioners via the GMC website; www.gmc-uk.org. Dr Al-Mishlab's GMC investigation concluded in December 2013.

As regards Dr O'Hara: I should first provide some background regarding how we handle complaints made against doctors. When we receive a complaint about a doctor an initial decision is made by our Fitness to Practise Directorate as to whether an investigation should be conducted. If an investigation takes place, on completion of the investigation, the complaint will be considered by two senior GMC staff (one medical and one non-medical). They can conclude the case, issue a warning, agree undertakings with the doctor or refer the case to a Fitness to Practise (FTP) Panel for a hearing. FTP Panel hearings are usually held in public, although may be held in private if discussing a doctor’s health or any other confidential matter. It is at the hearing stage that details regarding the case may be made publicly available. Outcomes of FTP Panel hearings are published on our website. Details of any current restrictions on a doctor’s practise are also made publicly available. Further information about our investigation process can also be found on our website.

I can confirm that Dr O'Hara hold full registration with no restrictions or warnings on his registration. I can also confirm that there are no complaints against him that have been heard by a FTP Panel.

As to whether any other complaints have been made against Dr O'Hara which have not resulted in a hearing or restrictions on his registration, I must confirm that we are under no obligation to provide this information. Therefore we are unable to confirm the existence or non-existence of any such complaints against this doctor. This is because we believe this information to be subject to the following exemption listed in the Freedom of Information Act 2000 (FOIA):

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 complaints made this doctor would breach the principles of the DPA.

You have the right of appeal against my decision not to provide the information you have requested. If you wish to appeal you should set out in writing your grounds for doing so and e-mail Julian Graves, Information Access Team Manager, at
[email address]. You also have a further right of appeal to the Information Commissioner. If applicable, Mr Graves will provide you with details of this further right of appeal.

Yours sincerely
Mark Ellen

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

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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 'Milton Keynes Hospital , Dr Talib al Mishlab, Dr. o'Hara'.

I am not satisfied that you have refused to confirm or deny whether any complaints have been received against Dr o'hara. There is a greater and overriding public interest in knowing the complaints history of any registered doctor.

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

Yours faithfully,

Sarah J White

FOI, General Medical Council

Dear Ms White

Thank you for your email dated 20 May 2015. Your email will receive our attention in line with our comments and complaints procedure for information requests. This sets a target response time of 20 working days. We will endeavour to respond to you within this timeframe.

Julian Graves will be responding to your email. If you have any queries, please contact him on 0161 923 6351, or email [email address].

Yours sincerely

Mrs Mariam Ifzal
Information Assistant
[email address]
0161 923 6420

General Medical Council
3 Hardman Street
Manchester
M3 3AW

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Julian Graves (0161 923 6351), General Medical Council

1 Attachment

Dear Ms White

Please find attached my response to your request for an internal review of our refusal on one aspect of your FOIA request.

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]

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